![]() It can be divided into two parts – Actus Reus and Mens Rea. It is derived from the Latin legal maxim Actus Non-Facit Reum Nisi Mens Sit Rea. This is the second and the most important element of crime. Mens rea is a Latin term which means guilty mind or intention. Also note, Y’s cat cannot be accused as it is an animal. Illustration: X’s purse gets stolen while she is at Y’s house. If he acts against the laws, he is liable to criminal action and punishment. A person is expected to act in a particular manner in the society without violating and rules or laws. In some cases, there could be more than one accused person for the same offence. The person who is accused of committing the crime is called the “accused person.” Section 11 of The Indian Penal Code, 1860 defines person as “any Company or Association or body of persons, whether incorporated or now.” Therefore, the definition of persons includes juridical entity as well. Instead, a crime is committed as a result of the actions of a person. No crime can be committed in the absence of a human being. Animals and non-living things are therefore excluded from this. The first element of crime is a human being. However, all crimes have four elements in common. Besides these, there are several other laws for specific offences. In India, the general criminal laws are The Indian Penal Code, 1860, The Indian Evidence Act, 1872 and The Code of Criminal Procedure, 1973. A country’s statutes define “crime” for that country. Different countries have different criminal laws which govern the crimes. There is no definition of crime that is universally accepted. ![]() For example, if a weightlifter is threatened by a small child who is trying to steal his wallet, it is doubtful that the weightlifter would be “reasonably” afraid of the child and this is probably not a robbery.A crime is an unlawful act punishable by the state or any other authority. Additionally, the victim must have an actual and reasonable fear based on the threats. If a criminal threatens to shame the victim or spread rumors about them, this will not turn a larceny into a robbery. Threats during a theft only rise to the level of robbery if they are imminent threats that include a threat of death, bodily injury, or destruction of the victim’s home. Where a perpetrator does not harm a victim, but merely threatens the victim with harm, several additional requirements must be met in order to show that a robbery occurred. Robbery can only be charged if the victim personally experienced the crime. While larceny requires that the possessions that are stolen belonged to someone else, they can be taken in secret or while the owner is unavailable. ![]() If the victim is unavailable, the elements of a robbery cannot be completed. This is because violence or threat of harm requires the presence of the victim.
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