Crime and Society: Legal Principles, Crime Types, and Criminology

Flashcards covering definitions of crime, statutory elements under the Bharatiya Nyaya Sanhita (BNS) and CrPC, types of offences, criminological theories, and crime prevention.

What are the four essential elements that constitute a crime?

The four essential elements are: a human being, mens rea (guilty mind or evil intention), actus reus (guilty act or illegal omission), and injury.

What does the legal maxim "actus non facit reum nisi mens sit rea" mean?

It means that an act does not make a person guilty unless their mind is also guilty; the guilty intention and guilty act together constitute a crime.

How is a "person" defined under Section 2(26) of the Bharatiya Nyaya Sanhita, 2023?

The word "person" includes a company or association or body of persons whether incorporated or not, as well as artificial or juridical persons.

Which scholar was the first writer to use the term "actus reus"?

Prof. Kenny was the first writer to use the term "actus reus".

How is "injury" defined under Section 2(14) of the Bharatiya Nyaya Sanhita (BNS)?

Injury means any harm caused to a person illegally either in mind, body, reputation, or property.

What is the primary distinction between murder and manslaughter (culpable homicide) regarding mens rea?

Murder is an unlawful killing committed with malice aforethought, whereas manslaughter or culpable homicide is committed without malice aforethought.

What defines voluntary manslaughter in criminal law?

It is an intentional killing resulting from sudden provocation or heat of passion where a reasonable person would lose self-control.

What is the difference between assault and battery (hurt)?

Assault creates a reasonable apprehension of immediate harmful or offensive contact (or the threat/attempt to inflict force), whereas battery (hurt) is the actual unlawful application of physical force or violence.

How is wrongful confinement defined under crimes against freedom and movement?

Blocking or locking someone in a place so that they cannot leave, even if the offender did not move them to a new location.

Under Section 303 of the Bharatiya Nyaya Sanhita, what are the five main ingredients of theft?

(1) Dishonest intention to take property, (2) the property must be movable, (3) taken out of possession of another person, (4) taken without the person's consent, and (5) moved in order of such taking.

What are the two main ingredients of extortion under Section 308 of the Bharatiya Nyaya Sanhita?

(1) Intentionally putting a person in fear of injury to themselves or another, and (2) dishonestly inducing that person by fear to deliver property, valuables, or anything sealed and signed.

What is the statutory relationship between robbery, theft, and extortion under Section 309 of the Bharatiya Nyaya Sanhita?

In all robbery, there is either theft or extortion; robbery is an aggravated form of either theft or extortion or both.

How does Section 310 of the Bharatiya Nyaya Sanhita define dacoity?

Dacoity occurs when five or more persons jointly commit, attempt to commit, or aid in committing or attempting a robbery.

Under Section 314 of the BNS, when can a finder of goods legally take possession and use the goods?

If the finder's intention was not dishonest at the time of taking possession and they have taken all necessary steps to find the real owner, they can use the goods if the true owner cannot be found.

What constitutes criminal breach of trust under Section 316 of the Bharatiya Nyaya Sanhita?

When a person entrusted with property or dominion over it dishonestly misappropriates it, converts it to their own use, or disposes of it in violation of law or express/implied legal contract.

What defines "receiving stolen property" under Section 317 of the Bharatiya Nyaya Sanhita?

Possessing property transferred through theft, extortion, or robbery, or property that has been criminally misappropriated or subjected to criminal breach of trust.

How is cheating defined under Section 318 of the Bharatiya Nyaya Sanhita?

Deceiving a person to fraudulently or dishonestly induce them to deliver property, consent to retain property, or perform/omit an act causing harm to body, mind, reputation, or property.

What is required to establish the offence of mischief under Section 324 of the Bharatiya Nyaya Sanhita?

Causing the destruction of property knowing that one is likely to cause wrongful loss or damage to the public or any person, even if an intention to cause that damage is not made out.

How does the Bharatiya Nyaya Sanhita classify and punish criminal trespass under Section 329?

While traditionally treated as a civil wrong in India compensable by damages, the Bharatiya Nyaya Sanhita classifies unlawfully entering private property without permission as a punishable criminal offence under Section 329.

Who coined the term "white-collar crime" and in what decade was it introduced?

It was coined by the American criminologist and sociologist Edwin Hardin Sutherland during the 1930s.

Why do white-collar crimes generally receive less immediate media coverage than blue-collar crimes?

White-collar crimes can be difficult and time-consuming to unravel, whereas blue-collar crimes are more straightforward to understand, involve overt bodily harm, and are covered immediately.

What is invoice manipulation as an economic crime?

Invoicing goods at a price lower or higher than the actual purchase or sale price, often involving the fabrication of false documents and records.

What are "salami attacks" and "data diddling" in cyber crime against organizations?

A salami attack repeatedly steals very small amounts so the loss goes unnoticed, while data diddling involves the unauthorized alteration of computer data.

How do terrorism and insurgency differ in their primary targets and operational nature?

Terrorism focuses on creating fear and often targets civilians or symbolic structures, whereas insurgency is a prolonged, organized armed resistance that primarily targets military or government entities.

What two essential elements must be present for an act to be classified as a hate crime?

The act must involve an underlying criminal offence (already recognized by law) and a bias motivation (prejudice directed against a protected characteristic such as race, religion, or gender).

According to the 2000 UN Convention on Transnational Organized Crime, what conditions make an offence transnational?

An offence is transnational if: (1) committed in multiple states, (2) planned/controlled in another state, (3) involves an organized group acting across states, or (4) has substantial effects in another state.

What is the key difference between cognizable and non-cognizable offences under the CrPC?

In cognizable offences (Section 154), police can arrest without a warrant and investigate without court permission; in non-cognizable offences (Section 155), police cannot arrest without a warrant and require a Magistrate's permission to investigate.

What are the prescribed investigation time limits for default bail under the Code of Criminal Procedure?

Default bail is granted after 60 days for general offences, and after 90 days for offences punishable with death or life imprisonment if the investigation is not completed.

What age threshold defines juvenile delinquency in the lecture notes, and what is a "status offence"?

It refers to criminal activity by a child below 16 years for boys and 18 years for girls. A status offence is behavior considered an offence solely due to the person's age (e.g., truancy, curfew violations).

According to routine activities theory, what three linked elements must converge for a crime to occur?

A motivated offender, a suitable target, and the absence of a capable guardian.