Classification & Characteristics of Crime

Classification of Crimes

The existence of crime in a society is a challenge to its members due to its deleterious effect on the ordered social growth. In fact, it leads to a colossal waste of human energy and an enormous economic loss. Therefore with the advance in the field of criminology and behavioral sciences, efforts are being constantly made to work out a commonly acceptable classification of crimes and criminals for providing a rational basis of punishment for various categories of offenders.

There are a variety of crimes such as violent personal crimes, occasional property crimes, occupational crimes, political crimes, public-order crimes, conventional crimes, organized crimes, professional crimes, white collar crimes, sexual crimes, crimes against property, person, decency, public order etc.

Broadly speaking, these may be categorized into three heads:
(1) offences falling under Code of Criminal Procedure
(2) offences under Indian Penal Code; and
(3) offenses under local or special laws or enactments.

Some winters have preferred to classify crimes into legal, political, economic, social and miscellaneous crimes.
1. Legal crimes can be termed as traditional crimes such as theft robbery, dacoity, rape, hurt and rioting etc.
2. Political offenses are those which are motivated politically or committed in violation of the election laws or norms set out for the politicians in course of their political activities. 
3. Economic crimes include white collar offences such as tax evasion, smuggling, prostitution, gambling, foreign exchange violations, offences under the MRTP (Amendment) Act, 1991 etc. 
4. Social crimes are those which are committed under social legislation such as the Child Marriage Restraint Act, 1978; Protection of Civil Rights Act, 1955; Immoral Traffic (Prevention) Act, 1956; Indecent Representation of Women (Prohibition) Act, 1986; Commission of Sati (Prevention) Act, 1987; The Dowry Prohibition Act, 1961 as amended in 1983 and 1986; Juvenile Justice (Care and Protection of Children) Act, 2000; Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 etc.
5. All other remaining crimes which are committed under local or special Acts, are .termed as miscellaneous crimes, for example, offences under the Prevention of Food Adulteration Act, 1954: Drugs Act, 1940; Consumer's Protection Act, 1986; Prevention of Illicit Traffic in Narcotic Drugs & Psychotrophic Substances Act, 1988 etc.

                                         

Classification of offences under I.P.C. 

Under the Indian Penal Code, various offences have been classified into seven broad categories on statistical basis:-

1. Offences against person.

2. Offences against property.

3. Offences relating to documents. 

4. Offences affecting mental order. 

5. Offences against public tranquillity. 

6. Offences against State.

7. Offences relating to public servants.

This classification seems to be more rational and elaborate from the point of view of administration of criminal law and penal justice. 
 

Characteristics of Crime

 
There are certain characteristics of a crime which make an unlawful act or omission punishable under the law of the land. The main characteristics of a crime are as follows:

(1) External consequences— Crimes always have a harmful impact on society may it be social, personal, emotional or mental.

(2) Act (Actus-Reus)- There should be an act or omission to constitute a crime. Intention or mens-rea alone shall not constitute a crime unless it is followed by some external act. Generally, omitting to do something will not amount to actus reus of an offence. The criminal law usually punishes individuals for positive conduct and not for inaction. There are, however, some notable exceptions. For example, a police officer may have a duty to act to prevent an assault and if he does not, he will be liable to be punished under the law.
(3) Mens-rea or guilty mind- Mens-rea is one of the essential ingredients of a crime. It may, however, be direct or implied. The implied mens-rea is otherwise termed as constructive mens-rea.
Mens-rea implies that there must be a state of mind with respect to an actus reus, that is, an intention to act in the proscribed fashion. It is, however, important to distinguish mensrea from motive. Thus if a person steals away a few loaves of bread from someone's kitchen to feed a child who is dying of hunger, the motive here may be honorable and understandable,nevertheless the mens-rea being to commit the theft, the person would be convicted for theft. His motive may, however, be taken into account in sentencing and he may be less severely punished because of his good motive. In short, motive should be taken into consideration at the sentencing stage and not at the time of deciding the question of mens-rea.
(4) Prohibited act- The act should be prohibited or forbidden under the existing penal law. An act, howsoever immoral, shall not be an offence unless it is prohibited by law of the land.
(5) Punishment— The act, in order to constitute a crime should not i only be prohibited by the law but should also be punishable by the State.The punishment is usually set out in terms of a maximum and the actual punishment in any particular case is left to the discretion of the judge. Both, the defense and the prosecution have a right to appeal against the quantum of sentence.