Crime: Stages, Elements and General Exceptions

1. Meaning and Elements of Crime

A crime is an act or omission made punishable by law. In criminal-law analysis, the prosecution ordinarily has to establish the prohibited conduct and the mental element required by the particular offence, subject to statutory exceptions and offences imposing a different standard.

The traditional maxim actus non facit reum nisi mens sit rea conveys that an act alone does not ordinarily make a person guilty unless accompanied by the legally required guilty mind. Its application always depends on the language and scheme of the particular offence.

2. Stages of Crime

Intention

Intention is the mental decision to commit an offence. Mere intention, without conduct amounting to an offence, is generally not punishable.

Preparation

Preparation consists of arranging the means or measures necessary for committing an offence. As a general rule, mere preparation is not punishable, although the BNS and special statutes expressly criminalise preparation for certain serious offences.

Attempt

Attempt begins when conduct moves beyond mere preparation and is sufficiently proximate to the intended offence. The BNS contains specific attempt provisions for particular offences and a general attempt provision.

Commission

Commission is the completed offence, where all ingredients required by the penal provision are satisfied.

3. General Exceptions under the BNS

Chapter III of the Bharatiya Nyaya Sanhita sets out circumstances in which conduct that would otherwise satisfy the description of an offence is protected by a statutory general exception. The principal provisions run from Sections 14 to 44.

4. Mistake of Fact and Judicial Acts - Sections 14 to 17

Section 14 - Person bound by law

An act is protected when done by a person who is bound by law to do it, or who, because of a mistake of fact and not a mistake of law, in good faith believes himself bound by law to do it.

Sections 15 and 16 - Judicial acts and court orders

Section 15 protects a Judge acting judicially within the statutory conditions. Section 16 protects acts done pursuant to a judgment or order of a Court where the statutory requirements are satisfied.

Section 17 - Person justified by law

A person is protected where the act is justified by law, or where, because of a mistake of fact and not a mistake of law, the person in good faith believes himself justified by law.

5. Accident and Necessity - Sections 18 and 19

Section 18 - Accident

An accidental act is protected when it occurs while doing a lawful act in a lawful manner, by lawful means, with proper care and caution, and without criminal intention or knowledge. The mere absence of intention is not enough if the statutory conditions are not met.

Section 19 - Necessity

An act likely to cause harm may fall within the exception where it is done without criminal intent and in good faith for the purpose of preventing or avoiding other harm to person or property. Whether the threatened harm justified the risk is a question of fact.

6. Infancy and Unsoundness of Mind - Sections 20 to 22

Section 20 - Child under seven years

Nothing is an offence when done by a child under seven years of age.

Section 21 - Child above seven and under twelve

Nothing is an offence when done by a child above seven and under twelve who has not attained sufficient maturity of understanding to judge the nature and consequences of the conduct on that occasion.

Section 22 - Unsoundness of mind

The exception applies where, because of unsoundness of mind at the time of the act, the person is incapable of knowing the nature of the act or that what is being done is wrong or contrary to law.

7. Intoxication - Sections 23 and 24

Section 23 - Involuntary intoxication

An act may be excused where intoxication was administered without the person's knowledge or against the person's will and rendered the person incapable of knowing the nature of the act, or that it was wrong or contrary to law.

Section 24 - Offence requiring particular intent or knowledge

The BNS regulates how intoxication affects offences requiring a particular intent or knowledge. Voluntary intoxication does not ordinarily provide the same protection as intoxication caused without knowledge or against the person's will.

8. Consent and Acts Done for Benefit - Sections 25 to 31

Section 25 - Harm with consent

The section protects certain acts not intended and not known to be likely to cause death or grievous hurt when done with the consent of a person above the statutory age, subject to the conditions of the provision.

Section 26 - Good faith for a person's benefit

It protects certain acts not intended to cause death when done in good faith for a person's benefit with that person's consent, subject to statutory limitations.

Section 27 - Benefit of child or person of unsound mind

This provision deals with acts done in good faith for the benefit of a child or person of unsound mind by, or with the consent of, a guardian or person in lawful charge, subject to stated exceptions.

Section 28 - Invalid consent

Consent is not legally effective for these exceptions where it is given under fear of injury or misconception of fact and the actor knows or has reason to believe this; where the person cannot understand the nature and consequence because of unsoundness of mind or intoxication; or, unless the context otherwise requires, where the person giving consent is under twelve years of age.

Sections 29 to 31

Section 29 excludes acts that are independently offences irrespective of the harm consented to. Section 30 deals with acts done in good faith for a person's benefit without consent where consent cannot be obtained in time, subject to strict limitations. Section 31 protects certain communications made in good faith for the benefit of the person to whom they are made.

9. Compulsion by Threat and Slight Harm - Sections 32 and 33

Section 32 - Compulsion by threats

This exception applies to conduct compelled by threats creating the statutory degree of apprehension, subject to important exclusions and conditions. It does not provide a blanket defence for every offence committed under pressure.

Section 33 - Slight harm

An act is not an offence merely because it causes, is intended to cause, or is known to be likely to cause harm so slight that no person of ordinary sense and temper would complain of it.

10. Right of Private Defence - Sections 34 to 44

Sections 34 and 35 - General right

Section 34 provides that nothing is an offence when done in the exercise of the right of private defence. Section 35 recognises, subject to statutory restrictions, the right to defend one's own body or another person's body, and one's own or another person's property against specified offences.

Section 36 - Acts of persons lacking criminal capacity

The right of private defence is available even where the aggressor's act is not an offence because of youth, immaturity, unsoundness of mind, intoxication or misconception.

Section 37 - Restrictions

There is no right of private defence in the situations specified in Section 37, including certain acts of public servants acting in good faith and cases where there is time to seek protection from public authorities. The right never extends to inflicting more harm than necessary for defence.

Sections 38 to 40 - Defence of body

Section 38 identifies the serious assaults in which the right of private defence of the body may extend to voluntarily causing death, including reasonable apprehension of death or grievous hurt, assault with intent to commit rape, kidnapping or abduction, specified wrongful confinement and acid attacks. Section 39 covers cases where the right extends only to harm other than death. Section 40 governs commencement and continuance of the right.

Sections 41 to 43 - Defence of property

Section 41 specifies when defence of property may extend to causing death, including robbery, house-breaking after sunset and before sunrise, specified mischief by fire or explosive substance, and certain theft, mischief or house-trespass creating reasonable apprehension of death or grievous hurt. Sections 42 and 43 govern lesser harm and the duration of the right.

Section 44 - Risk to an innocent person

Where a person facing a deadly assault cannot effectively exercise private defence without risk of harm to an innocent person, Section 44 extends the right to running that risk within the statutory conditions.

11. Quick Revision Table