ELEMENTS OF CRIME – HUMAN BEING

The primary element of a wrongdoing may be a human being. Any wrongful act to be called wrongdoing must be done by a human being. There must be a human being beneath a lawful commitment to act in a specific way, and it must too be competent of being punished. Human being must commit wrongful act to fulfill to begin with component of a wrongdoing meaning any non-living thing or animals are not considered within the category of an individual or a human being though in old times when criminal law was closely overwhelmed by the thought of ritter bit theory punishment was moreover delivered on creatures for the damage caused by them.

For an illustration, on the off chance that a dog chomps anybody he is rebuffed, a horse was murdered for kicking a man but in Indian Penal Code in the event that creature cause damage, we don’t make creature liable but the proprietor is held at risk for such damage so the primary component of wrongdoing is human creatures who must be given suitable punishment and ought to be beneath lawful commitment to held criminally at risk. 

PERSON UNDER THE INDIAN PENAL CODE  

‘Person’ is characterized in Section 11 of Indian Penal Code which incorporates company, affiliation or body of people whether consolidated or not. Section 11 of Indian Penal Code reads as follows: 

““Person”. —The word “person” includes any Company or Associa­tion or body of persons, whether incorporated or not.” 

The word individual incorporates artificial or juridical persons. natural person may be an individual that’s an individual human being. juridical people imply that an individual who is non- human lawful substance. In other words, any association that’s not a single normal person but is approved by law with obligations and rights and is perceived by legitimate people and is having a distinct obligation. He could be a legal entity made by law which isn’t a natural person such as enterprise made beneath state statute. It may be a legitimate substance having a recognized character and legitimate rights and commitment beneath the law. 

ANCIENT LAWS REGARDING THE PUNISHMENT OF ANIMALS 

Consequently, even though creatures were being rebuffed within the antiquated times for their faults, these days, creatures don’t cover beneath Indian Penal Code and they will not be at risk for any acts but it will the proprietor who will be having the punishments. Moreover, Indian Penal Code covers acts done by human being as it were. Consequently, it implies that the wrongdoing ought to be committed by a human being. So, in case there’s any sort of wrongdoing, the inclusion of a human being is exceptionally important then as it were it will be held as a wrongdoing. But concurring to section 289 of the Indian Penal Code talks approximately the careless conduct of a pet animal. In this case it is said that on the off chance that the pet animals cause any harms or harm, at that point the proprietor of the pet will be liable.  

CASE LAWS IN REGARDS TO SECTION 11 OF THE INDIAN PENAL CODE 

Within the case of Jabbar v. state, the court watched that the word persons incorporates and company pr affiliation or body of people whether joined or not. it appears to be as it were in sign of the deliberate of the legislature to utilize the word ” person” in a reasonably wide sense so as to incorporate indeed counterfeit persons. The word individual is said to be inferred from the word persona which stood for the masks worn by a performing artist on the organize among the antiquated Greeks and Romans.  

Within the case of state of Maharasthra v. Syndicate transport company the Bombay High court watched that a corporate body cannot be shown for the offenses like treason, murder, rape etc. which can be as it were committed by human.  

AN INSIGHT INTO THE WORD “PERSON” AS MENTIONED IN SECTION 11 OF THE INDIAN PENAL CODE 

The word ‘person’ incorporates a juridical individual and as such a symbol being a juridical individual competent of owning property may be a ‘person’ inside the meaning of this section. An unborn child may be called an individual on the off chance that its body is sufficiently created in its mother’s womb to call it a child. A metropolitan organization could be an individual which may well be sentenced for such offenses as are culpable with fine as it were since corporation cannot experience detainment. ‘Person’ incorporates a firm. Whether the word ‘person’ ought to cruel as it were normal people or manufactured people as well, depends on the nature of the arrangement made within the Indian Penal Code. There are numerous segments within the Code which ought to apply as it were with regard to normal people. These are segments 73, 84, 85, 86, 87, 100, 105, 114, 137, 139, 141, 149, 150, 151, 153, 157, 159, 170, 191, 216, 220,221,222, 223, 224, 225, 278, 282, 295, 297, 298, 299,300 to 377, 491 and 497. The Supreme Court has held that the word ‘person’ does not incorporate state. A restrictive concern being not a lawful substance or juridical individual it not one or the other can start any procedures nor procedures can be started against it. The word ‘person’ does not incorporate proprietor of a concern. According to Indian Penal Code, Section 11 states that – the word ” Person ” incorporates different sorts of bodies, they are – 

 a) Any Individual  
b) Any Association  
c) Any company  
d) Any gather of people 

To conclude, section 11 of Indian Penal Code includes the primary element of crime which is human beings. So, it is only human beings which can be held liable for any acts under the Indian Penal Code.  

References 

  1.  AIR 1966 All 590 
  1. 1964(2) Cri LJ 276 
  1. https://thefactfactor.com/facts/law/criminal_law/indian_penal_code/section-11-of-ipc-person/17349/ 
  1. https://www.leadindia.law/indian-kanoon/ipc/ipc-section-11 
  1. https://www.latestlaws.com/bare-acts/central-acts-rules/ipc-section-11  
  1. https://lawrato.com/indian-kanoon/ipc/section-11  
  1. https://devgan.in/ipc/section/11/ 
  1. https://blog.ipleaders.in/constituent-elements-of-a-crime/#:~:text=The%20elements%20of%20a%20crime,mind%20and%20guilty)%2C%20Punishment
  1. http://www.legalservicesindia.com/article/1228/The-Elements-and-Stages-of-a-Crime.html 
  1. https://saylordotorg.github.io/text_criminal-law/s08-the-elements-of-a-crime.html  
  1. https://www.lawyersclubindia.com/articles/crime-and-it-s-elements-11975.asp 
  1. https://www.ijlmh.com/wp-content/uploads/2019/03/Elements-of-Crime.pdf 
  1. https://www.lawteacher.net/free-law-essays/criminal-law/the-main-elements-of-a-crime.php 

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.

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In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.

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