Elements of Crime

Commonly, the chief Indian criminal laws comprise the Indian Evidence Act, Criminal Procedure Code, and the Indian Penal Code. Most often, people refer to these three as general laws. Besides these laws, there are present other laws too that are related to some kinds of offences. In this context, you can consider the Prevention of Money Laundering Act. This handles specific financial crimes. Again, other laws too that don’t mainly regulate crimes, such as the Companies Act, comprise some penalties and offences. Having touched upon the basics, let us analyse the essential elements of the crime.  

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What are the Sources of Information for the Elements of a Crime?

Most often, the police find considerable difficulties in conducting some criminal investigations as not all the fundamental elements of crime happen to be equal. Some kinds of evidence emerge as more advantageous compared to the others:

• Info from Physical Evidence – This is the evidence of some tangible nature related to the crime directly. Physical evidence comprises items like fibres, blood, fingerprints, and crime tools, like a crowbar, gun, knife, etc. At times, physical evidence is known as scientific or forensic evidence. It implies that the evidence should be analysed scientifically. Physical evidence serves nearly two functions for investigation. The first is physical evidence helps in establishing the elements of a crime. The second is physical evidence can be related to offenders to a crime scene or victims to a crime scene. 

• Info from People – Information from people is another huge source of info besides physical evidence. Witnesses can be classed as primary or secondary. Those who are primary witnesses have got direct information of the crime as they have observed its occurrence or overheard something. Some people who remain included are eyewitnesses. A secondary witness possesses info about some related events after or before the crime. Some street sources and victims who didn't observe the crime are known as secondary witnesses. 

Essential Elements of Crime

There are four elements of crime. For forming criminal liability, you can break down crime into components. Some essential elements of crime or fundamental elements of crime are:

• Accused person – It is impossible for a crime to happen without reason and out of thin air. This means no crime occurs by accident. A person always commits a crime. The law must be capable of pinpointing the person who happens to be liable for committing a crime. A person comprises a body of persons or a company, whether it is incorporated or not. Again, the word person also includes juridical or artificial people. 

The person happens to be a lawful entity that the law has formed, and he isn't a natural person, like a corporation formed under a state statute. This is a legal entity that has got distinguished legal rights and identity. At times, some offences do implicate more than a person for the same crime. Here, all the persons will confront the trials, and they might be required to suffer punishment together.

• Mens rea – People never commit crimes unless they possess an intention to do it. Commonly, the law refers to their objective as mens rea. In Latin, it means guilty mind. This implies an act can't emerge as guilty when it doesn't come with a guilty mind. Some elements of it encompass some inherent elements, like knowledge, intention, or motive. Mens rea also comprises an act where the offender knows of it and is hugely dangerous. And so, it is essential to observe all the relevant provisions for understanding the offender's intention.

• Actus Reus – This is a Latin term that is useful for describing some criminal activities. Actus Reus describes physical activities that harm another individual or damage property too. There are a couple of Actus Reus; the 1st is commission, and the 2nd one is known as omission. The commission is considered a criminal activity that happens because of some voluntary body movements. Both mens rea and actus reus are vital for forming an offence.

• Injury – An injury is considered the 4th fundamental element of a crime. There can't be any crime when no person confronts some injury. Based on Section 44 of the Indian Penal Code, injury is the harm caused to an individual unlawfully either in body, property, reputation, or mind. Some crimes might not need injuries to a person. For instance, when a person drives without a driving license, it is viewed as a crime even when it doesn't harm a person. 

In conclusion, the fundamental elements of crime are a crucial aspect of Criminology and Judiciary, and it is essential that we know about the subject.