Introduction to Crime for CLAT - Practice Questions & MCQ

Introduction to Criminal Law

First, let us understand basic terminologies

• Accused: A person who is charged with a crime.
• Accomplice: A person who helps another person commit a crime.
• Admissible evidence: Evidence that is allowed to be presented in court.
• Allegation: A claim or assertion that something has happened or is true.
• Appeal: A process by which a higher court reviews the decision of a lower 
• Bail: A sum of money that is paid to the court to secure the release of an accused person from jail before their trial.
• Beyond a reasonable doubt: The standard of proof that must be met in order to convict a defendant of a crime.
• Charge: A formal accusation of a crime.
• Circumstantial evidence: Evidence that does not directly prove a fact, but that suggests that the fact is more likely to be true than not.
• Conviction: A finding of guilt by a court of law.
• Defense: A legal argument that is used to try to prove that the defendant is not guilty of the crime charged.
• Probation: A sentence that allows a defendant to remain free in the community, but under the supervision of a probation officer.
• Sentence: The punishment that is imposed on a defendant after they have been found guilty of a crime.
• Trial: A legal proceeding in which the guilt or innocence of a person accused of a crime is determined.
• Criminal Law is the framework that outlines acceptable behaviors in society and sets consequences for going against a code of conduct. It acts as a defensive wall against disorder, shaping the conduct expected from individuals within a community.

Definition of crime:

William Blackstone, an English jurist, defined crime as "an act committed or omitted in violation of public law, either forbidding or commanding it.

• Public law: A crime is an offense committed not merely against an individual, but also against the public. This indicates that even if a victim chooses not to file a complaint, the state still has a legal interest in doing so.
• Either forbidding or commanding : A crime is an action that the law forbids or requires, whichever is the case. This implies that the definition of a crime under the law must be explicit and unequivocal.
• Act or omission:A crime may be committed through either an act or an omission. A person commits an act when they do it, whereas they commit an omission when they don't. As an illustration, killing someone is an act, yet failing to pay taxes is an omission.

Defining a Crime:

• A "crime" is an act that infringes upon the tacit agreement among members of society to uphold certain values and respect for one another.
• It represents a violation of the shared moral and ethical standards that form the basis of communal living.
• Criminal Law delineates these boundaries to establish a clear demarcation between permissible and impermissible conduct.

Importance of Criminal Law:

• Criminal Law acts as a deterrent, discourage individuals from engaging in harmful actions.
•  It ensures that societal norms are upheld and that individuals who breach these norms are held responsible.
• By addressing both minor and major offenses, Criminal Law plays a crucial role in maintaining equilibrium and preventing anarchy.

Degrees of Crimes:

• Crimes are stratified based on their gravity, enabling a proportional response in terms of punishment.

• This classification ensures that the punishment is commensurate with the severity of the offense.
• The diverse categorization accounts for the spectrum of actions, from minor transgressions to heinous crimes, ensuring fairness in the legal system.

Example of Different Crime Degrees:

• The distinction between a speeding violation and causing grievous harm by dangerous driving exemplifies the graduated approach of Criminal Law.
• By assigning distinct consequences, Criminal Law maintains a sense of equity while acknowledging the varying impact of different offenses.

The Process of Justice:

• The justice process is a structured sequence, beginning with investigation and culminating in a judgment.
• It guarantees procedural fairness, allowing both prosecution and defense to present their cases. The judge or jury, informed by the evidence and the law, reaches a verdict that reflects the principles of justice.

Courtroom Example  actus non facit reum nisi mens sit rea

• A courtroom setting envisions an impartial judge or jury, evaluating the arguments and evidence presented by both sides.
• This process underscores the importance of reasoned judgment, ensuring that decisions are made based on an objective assessment of facts.
• For example, Lets suppose someone accidentally knocks over a valuable vase in a store, breaking it. In this scenario, there is an actus reus (the act of knocking over the vase), but there is no mens rea because the person did not intend to break the vase. Therefore, they should not be held criminally liable for damaging the vase, as the guilty mind (mens rea) is absent.

Criminal Law's Significance

• Criminal Law shapes the moral fabric of society, providing a shared framework for ethical conduct.
• By codifying expectations and consequences, it fosters an environment where individuals coexist harmoniously.
• Its significance extends beyond legal professionals, emphasizing the responsibility of every citizen to be well-informed about their rights and obligations within the community.