TYPES OF CRIME

This article is written by Tamanna Pasi of Mody University, an intern under Legal Vidhiya.

INTRODUCTION

Crime may be defined as the commission of a wrongful act prohibited by way of legislation. We can say that true crime is inherently evil. In the Natural Law theory, crime is an act that violates the ethical and basic moral code and the Positive Law Theory defines it as a ‘man-made creation’ and states that crime is a violation of a manmade command of a sovereign, a violation identified as a public wrong.

TYPES OF CRIME

The Indian Penal Code, 1860[1] provides the following classification for the purpose of categorizing crimes:

1. Inchoate crimes (abetment, criminal attempt, criminal conspiracy)
2. Offences affecting the state (waging war, assaulting the president, offences relating to the forces etc.)
3. Offences affecting common well-being (Relating to public tranquillity, public servants, elections etc.)
4. Offences affecting Human Body (Affecting life like murder, homicide, causing miscarriage, hurt or grievous hurt etc.)
5. Offences against Property (Theft, extortion, criminal breach of trust, offences relating to documents and property marks etc.)
6. Offences relating to marriage (Cruelty, adultery etc.)
7. Offences affecting reputation (Defamation, criminal intimidation, insult and annoyance etc.)

While classifying crime, different states may classify it from different perspectives but broadly, the crimes can be classified into the following 4 categories:

1. Crime against a person
2. Crime against the public at large
3. Inchoate Crimes
4. Statutory Crimes 

1. CRIME AGAINST A PERSON

These are the types of crime against an individual that causes physical, psychological, or emotional harm. They fall into two main categories: different types of violent crimes and different types of homicide. A defendant may be charged with any one of numerous varieties of homicide, such as first-degree murder, voluntary manslaughter, or vehicular homicide when the bodily injury to another person is so severe that it results in death. On the other hand, violent crimes, which are likewise quite serious, consist of battery, assault, domestic violence, rape, kidnapping, child abuse etc.

The purposeful induction of a justifiable fear of harm is referred to as assault. In other terms, an assault occurs when one person makes another person believe they may be hurt[2]. Although many states combine the two offences into one called “assault and battery,” battery and assault are most thought of as two separate personal crimes.

The unauthorised use of force on another person’s body is referred to as a battery[3]. Improper physical contact or real injury results from this. Assault and battery charges are sometimes combined into one charge since certain laws define assault as an attempted but unsuccessful battery.

False incarceration occurs when someone holds another person down without its will and doing so in a manner that puts them at risk of serious harm or death. False imprisonment may be committed by someone who knowingly limits another person’s freedom or mobility without that person’s agreement;

Kidnapping can be defined as the taking away or detention of a person without that person’s permission through force or fraud. In other terms, kidnapping is the unlawful seizure and imprisonment of a person with the intent to subsequently transport them away, keep them for ransom, etc.  In the case of State of Haryana v. Raja Ram[4], it was decided that kidnapping would occur if the accused individual was successful in convincing the minor to agree to be removed from the care of the legal guardian.

Homicide: Homicide refers to offences such as first- and second-degree murder, unintentional homicide, and vehicular homicide; in the case of Behari v. State of Uttar Pradesh[5], the conditions were laid down to define the essentials of a homicide.

Rape also involves sexual assault and statutory rape. The Statistics for the rape and the number of cases is so shocking and sad. Even after there being a legislation for the same, it cannot be brought under control  which is indeed shameful. In the case of Reg v. Govinda[6], the distinction between culpable homicide and murder were well explained.

These are certain offences categorized under the crime against a person, though the list is not exhaustive.

2. CRIME AGAINST PROPERTY

These offences involve interference with another person’s ability to utilise or enjoy their own property. Crimes against property sometimes include tampering with another party’s property.. Even if they could cause another person bodily or emotional pain, their main effect is the denial of utilising or pleasure of property.

Examples of certain crimes against property include the following:

Theft is the dishonest removal of movable property out of the possession of a person without his consent. Its ingredients were laid down in the case of KN Mehra v. State of Rajasthan[7].

Larceny is a sort of stealing where a person snatches another person’s possessions and carries them away with the intention of permanently robbing the rightful owner of their possessions.

Robbery, often known as stealing by force, is sometimes seen as a personal offence since it frequently causes victims bodily and emotional trauma. The person shall be punishable if he causes injuries while the theft is committed[8].

The intentional and malevolent burning or charring of an individual’s property or structure is known as arson.

Embezzlement is a kind of white-collar crime when a person who has been given access to the finances of another individual or company steals those funds for their benefit.

Another example is forgery, which is the act of creating, modifying, forging, or imitating any document with the purpose of robbing someone else of their property; the ingredients for the same being set out in the case of Daniel Hailey Wakott v. State[9]. “Fabricating a false document purporting it to be a copy of another for the purpose of the same being used as evidence amounts to forgery.”[10]

False pretences are a mixture of fraud and larceny in which a person makes false statements in order to steal another person’s property; and

Receiving stolen goods is the receiving or buying something you know, suspect, or think to have been obtained via theft is illegal. For example, “if a servant receives money on behalf of his master and he misappropriates it, he has committed the offence of criminal misappropriation.”[11]

3. INCHOATE CRIMES

Crimes that were started but not finished and actions that aid in the commission of another crime are referred to as inchoate crimes. To carry out an inchoate crime, a person needs more than simply the wish or hope to do wrong. Instead, in order to be found guilty, the offender must make a “substantial step” towards committing the crime. Conspiracy, attempt, and aiding and abetting are examples of inchoate crimes. In certain circumstances, the punishment for inchoate crimes can be as harsh as the punishment for the underlying crime, while in other circumstances, the punishment could be less severe. Offences committed with the intent to commit another crime are known as inchoate crimes. Since the unlawful act is not fully committed, they are additionally referred to as incomplete crimes. The three most frequent incipient crimes are solicitation, conspiracy, and attempt.

The illegal act of attempting to commit a crime yet failing to do so is known as an attempt. The Proximity rule for the case of attempt was set down in the case of Sudhir Kumar Mukherjee v. State of West Bengal[12] and it also defined the essentials or the ingredients to be proven for holding a person as guilty for attempting an offence.

Conspiracy is the illegal act of deciding to commit a crime with another person. In the case of Mulcahy v. R[13], it was held that “A conspiracy is when two or more people agree to carry out an unlawful conduct by using unlawful methods in addition to having the intention to do so.”

The wrongdoing of urging someone else to commit a crime is known as solicitation.

4. STATUTORY CRIMES

Violations of certain state or federal legislation are referred to as statutory crimes. They could involve either personal or property offences.  In addition to the offences mentioned above, there are also some that are forbidden by law. Alcohol-related crimes, drug-related crimes, traffic violations, and financial/white-collar crimes are the three main categories of statutory crimes. The legislation expressly forbids some crimes in an effort to dissuade people from doing them.

Drug crimes include drug possession, manufacture, and trafficking. They also include any role in the production or distribution of narcotics. The regulation and punishment of drug offences connected to medicinal marijuana are a particular field of criminal legislation that is now getting a lot of attention. This particular branch of criminal law is in transition as more states move towards the legalisation of medicinal marijuana.

Crimes that could occur when a person is operating a vehicle on a public road are included in traffic offences. A DUI/OWI/DWI is regarded as both a driving offence and an alcohol-related crime because it includes the consumption of alcohol and driving while drunk. Hit-and-run incidents, reckless driving, driving without a licence, driving when your licence is suspended or revoked, and vehicular assault are all further traffic violations. When a traffic infraction causes death, it may be prosecuted as a far more severe felony, such as murder.

5. CERTAIN OTHER TYPES

Certain other types of crime include the following:

Financial Crimes: Fraud or deceit for financial gain is a common component of financial crimes. White-collar crimes may be committed by anybody in any field, despite the fact that they got their name from the corporate leaders who previously committed them. These offences cover a wide range of fraud and extortion, money laundering and embezzlement, tax evasion, and cybercrime.

Hate Crimes: Hate crimes are offences driven by prejudice or hatred towards a particular group of people. Minorities, LGBTQIA+ individuals, and religious groups are the most frequent victims of hate crimes. Assault, violence, vandalism, and property damage are some examples of frequent hate crimes.

Organized Crimes: Offences committed by a group or organisations of persons are referred to as organised crimes. These crimes often involve a large number of participants and are complicated. The three most prevalent organised crimes are money laundering, human trafficking, and drug trafficking.

Crime against morality: Because there is neither a victim nor a complainant, they are also referred to as victimless crimes. The most frequent offences against morals are drug usage, prostitution, and gambling. Also, there is no use of force or coercion and the participants in these crimes do so voluntarily. Some contend that these crimes do, in fact, have victims. For instance, prostitution may cause infections like HIV/AIDS to spread. Even though they are frequently dismissed as being unimportant, victimless crimes can occasionally inspire other criminal behaviour. For instance, drug abuse can result in violence and drug trafficking.

Crime against humanity: Crimes against humankind are acts done to an ensemble of people with the goal to injure, kill, or destroy them. Crimes against civilians, war crimes, and genocide are the most often committed crimes against humanity. These crimes are frequently perpetrated when there is hostility or war. They may also be driven by prejudice or hatred. Given that they include the intentional annihilation of an entire group of people, crimes towards humanity are regarded as the most severe of all crimes. They frequently face the death penalty or a life sentence.

CONCLUSION

A crime is merely unlawful behaviour that has been approved by the government or another legal body. Notwithstanding the reality that statutory definitions have been developed, contemporary criminal law lacks a precise and commonly accepted concept that defines what constitutes a crime. The most prevalent view is that a crime is a classification that the legal system has created, meaning an act is considered a crime if the relevant and applicable law deems it to be one. Each applicable jurisdiction’s criminal law specifies the specifics of what constitutes a crime.

Therefore, whatever the notion of crime be, one thing is certain, that it is a wrongful act against the peace and safety of mankind.

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[1] The Indian Penal Code, 1860.

[2] R v. O’ Brien, 2013 SCC 2.

[3] Fagan v. Commissioner for Metropolitan Police, (1969) 1 QBB 439.

[4] AIR 1973 SC 819.

[5] AIR 1953 All 203.

[6] 1877 ILR 1 Bom 342.

[7] AIR 1957 SC 369.

[8] Munusami Re, AIR 1971 Mad 259.

[9] AIR 1968 Mad 349.

[10] Essan Chandra Dutt v. Prannath Choudhary, (1863) WR 71 (74) (FB).

[11] Queen v. Bissessur Roy, (1869) 11 WR Cr 51.

[12] AIR 1973 SC 2655.

[13] (1868) LR 3 HL 306.