Definitions, Concepts of Crime, Causes of Crime and Prevention of Crime

Introduction

Crime is a social phenomenon that exists in every society. With the development of organized societies and legal systems, certain acts came to be recognized as crimes. Crime not only affects individuals but also disturbs the social order of society. Understanding the concept, causes, and prevention of crime is essential for maintaining law and order.

Crime in Primitive Society

In primitive societies, there was no organized state or king. Social control was informal and mainly based on customs, traditions, and group norms. Any act that violated these customs was considered wrong and was punished by the community.

Natural Rights Theory

The concept of natural rights was given by John Locke. According to him, every individual is born with certain natural rights. These rights include:

1. Right to life

2. Right to liberty

3. Right to property

Violation of these rights later became the basis for defining crimes in organized societies.

Early Laws – Code of Hammurabi

One of the earliest written legal codes was introduced by Hammurabi of Babylon.

The law was based on the principle of “an eye for an eye”, which means equal retaliation for an offence.

Meaning and Origin of the Word Crime

The word crime is derived from the Latin word “Crimen”, which means fault or accusation.

In Greek, the term “Krima” refers to an act against the social order.

A criminal act is an illegal method of obtaining rights or benefits and is not acceptable to society. Such acts disturb social order and are punishable by law.

Crime and Society

Crime results in the division of society into two groups:

1. Law-abiding citizens

2. Law-breakers (criminals)

A wrongful act committed by an individual is considered an offence against society as a whole.

Definitions of Crime (Jurists)

According to Gillin

Crime is an act which is harmful to society and for which the state imposes punishment.

Essentials:

■ Harmful to society

■ Punishable by the state

According to Sutherland

Crime is an act which is against public interest and makes the offender criminally liable to legal punishment.

Essentials:

■ Against public interest

■ Criminal liability

■ Legal punishment

According to Blackstone

Crime is an act committed or omitted in violation of public law, either forbidding or commanding it.

Act and Omission

Crime may occur either by doing something illegal or by failing to perform a legal duty.

Act:

A positive conduct forbidden by law.

Omission:

Failure to perform a legal duty where the law imposes an obligation.

Elements / Features of Crime

For an act to be considered a crime, the following elements must be present:

1. Actus Reus – The wrongful act must be committed.

2. Mens Rea – There must be a guilty mind or criminal intention.

3. Injury – Harm must be caused to a person, property, or society.

4. Prohibited by Law – The act must be legally forbidden.

5. Punishable – The act must be punishable by law.

Public Wrong and Private Wrong

Public Wrong

A public wrong is an offence committed against society or the state. Such wrongs are treated as crimes and prosecution is conducted by the state.

Private Wrong

A private wrong is committed against an individual and is known as a civil wrong. The remedy is usually compensation or damages.

Principle of Lex Talionis

The principle of Lex Talionis means “Tit for Tat.”

It is based on the idea of equal retaliation for an offence.

Classification of Wrongs

Wrongs can be classified into four types:

1. Public Wrong

2. Private Wrong

3. Conventional Wrong

4. Procedural Wrong

Conventional Wrong

Conventional wrongs are acts considered offences because of social or legal conventions. These laws are uniformly applicable to the whole community.

Examples include traffic violations and licensing offences.

Procedural Wrong

Procedural wrong focuses on violation of legal procedures. Even if the intention is absent, violation of prescribed procedure may still constitute an offence.

Causes of Crime

1. Physical Causes

Physical factors that influence criminal behaviour include:

■ Age – Crime rate is higher among adolescents and young adults.

■ Gender – Males are generally more involved in crimes than females.

■ Physical constitution – Physical strength or weakness may influence behaviour.

■ Mental condition – Mental instability, frustration, or emotional imbalance.

2. Family Causes

Family plays an important role in shaping behaviour. Family causes of crime include:

■ Lack of control by the family head

■ Disintegration or dissolution of family

■ Negligence towards family relationships

3. Social Causes

Social conditions play a major role in the commission of crimes. Important social causes include: 

■ Lack of Education 

■ Poverty 

■ Unemployment

■ Illiteracy 

4. Economic Causes

Economic causes are closely related to social causes and include: 

■ Poverty 

■ Unequal Distribution of Wealth 

■ Inflation

■ Financial Stress

5. Political Causes

Political factors also contribute to criminal behavior, such as : 

■ Payment of money ( bribery )

■ Forcing voters to cast votes through violence or threat. 

■ Booth capturing during elections. 

■ Abuse of political power.

6. Psychology Causes

Psychological factors influencing crime include: 

■ Ego 

■ Super Ego 

■ Psyche

Prevention of Crime

Crime can be prevented through various measures such as:

1. Proper education and moral development

2. Strengthening family values

3. Effective law enforcement

4. Social and economic development

5. Rehabilitation and correctional programs for offenders

Conclusion

Crime is a violation of social and legal norms that disturbs the harmony of society. Understanding its definitions, causes, and elements helps in developing effective measures for its prevention. Through proper laws, social awareness, and preventive strategies, society can reduce the occurrence of crime and maintain social order.