CRIMINAL LAW-:
WHICH ACTS ARE CRIMINAL ACTS?
WHICH ACTS ARE CRIMINAL ACT ?
WHICH ACTS OF AN HUMAN BEING IS A CRIMINAL
ACT
Introduction to CRIME
The word crime originates from the Latin crīmen (genitive: criminis), from the root of Latin cernō = "I decide, I
give judgement" and Greek κρινω = "I judge". Originally the Latin word crīmenmeant "charge (in law), guilt, accusation"[1]
The Sumerian was
deeply conscious of his personal rights and resented any encroachment on them,
whether by his King, his superior, or his equal. No wonder that the Sumerians
were the first to compile laws and law codes.[2]
— Kramer
“Behaviourism is
defined as a perspective that focuses on observable measurable behaviour and
argues that the social environment and learning are the key determinants of
human behaviour”.[3]
Crime is the
breach of one or more rules or laws for
which some governing
authority, via mechanisms such as police
power, may ultimately prescribe a conviction. While
every crime violates the law, not every violation of the law counts as a crime;
for example: breaches of contract and of
other civil
law may rank as "offences"
or as "infractions".
There
is no question that there is a great deal of obvious physical differences among
human beings. No one denies also that there are groups of people who share
common features with others of similar origin and genetic makeup.
The
elements of criminal behaviour are by no means a simple equation. A small
percentage of crime is attributed to abnormality or genetics. Criminal activity
can be explained in terms of the learning of societal norms were an individual
has mistaken or been influenced to develop a way of living that is not
compatible with the laws of a given society, therefore a conflict is created
that may lead to a criminal confrontation. Another aspect though is that small
percentages of a given societies people will suffer from abnormalities or
mental infirmities that are actually the predominant cause of an individual’s
criminal conduct
ACTS THAT ARE CRIMINAL ACT ARE AS
FOLLOWS
For differentiating normal act and criminal act mens rea(guilty mind) is
not an important issue. Since mens rea(guilty mind) plays an essential part
while proving whether an individual is criminal or not. Although criminal may
not be punished or punishment is less as he was not having guilty mind but then also his acts is a criminal act.
Thence al the acts which lead to status of criminal whether committed with
guilty mind or without guilty mind are CRIMINAL ACTS.
1.
In criminal acts mostly either our thumb is pointing in forward
direction that is pointing towards the victim or sometimes our thumb is pointed
in upward direction-:
I here intended to convey that in every
criminal act that an criminal commit, while committing that act his thumb
always point in forward direction. Meaning that in any normal or natural act
thumb of an individual may or may not point towards the next person who is
standing but while committing crime the criminal thumb always point towards the
victim.
EXAMPLE-1 IN A CRIMINAL ACT WHERE THE CRIMINAL IS HOLDING KNIFE IN HIS
HAND
Figure 1 Figure
2
Just concentrate on their thumb is it
not pointing in forward direction that is towards the victim. Now for proving
it much further let us assume Figure 1
and Figure 2 are two human being
standing in front of one and another with a motive to kill each other. Is not
visible that respectively their thumb pointing towards each other.
EXAMPLE-2 IN A CRIMINAL ACT WHERE THE CRIMINAL IS HOLDING GUN IN HIS
HAND
Figure 3
Hypothetical situation-: Now assume
that the person who is reading this text is victim that is you hon’ble human
being and in front of you is a human being carrying a gun in his hand that is
Figure 3. Figure 3 wants to kill you. He is going to fire a shot. It frightens
the victim that is you. I want to stress on the human being hand that is Figure
3, concentrate on his thumb is not pointing towards victim that is you. Yes off
course thumb is pointing towards the victim.
2.
Acts or human behaviour of an
individual which are muscular and sudden is a criminal act or behaviour.
ILLUSTRATION
While committing any criminal act the movement of a criminal for
committing a particular crime is sudden and muscular. Like while stabbing the
victim, his movement is sudden and silent so that victim could not realize. In
normal or natural acts an individual does not apply much force, but while
committing crime the individual movement is sudden, silent as well as muscular
meaning that with force, in these type of act he seeks help of his/her
shoulder.
EXAMPLE-:
While a criminal intent to kill the victim he extracts all his force
from shoulder and apply in movement of his hand with a force so that knife can
penetrate in victim body. He is not slow because if he will be then there is
fear of being caught up by the victim which will result in failure of his
objective.
3.
All the acts in which an individual is
frightened of being caught up by victim and police.
4.
It is pre-planed-: Mostly are criminal act that a
criminal commit is pre-planned, that
is first he plans and then abide it for committing a crime. Example Gratia are if anyone want to
kill then he will first plan for it that how he is going to enter his house or
how he is going to stop him for normal conversation and then put him to death
or which place is suitable for the criminal to kill him and if criminal wants
to commit rap of an woman without planning he can not commit. Although time in planning
may elapse for a second but without planning noone can commit crime. Time for
planning may differ from case to case. Suitable example for it is that how can
anyone without planning think of committing rap. First he thinks that I have to
commit then afterwards he commit.
But where as in acts those are not criminal we mostly never plan our
acts are random without any fear. We commit acts that are often not strange,
non-criminal acts include our daily routine committing act habit, these are
mostly not unusual. These are never sins. Mostly we do not think of committing
these acts because neither there is stigma attached to it and nor they are sins.
5.
All acts which are sins they all are
criminal act. From my way there is no drawback in this definition. All sins are
crime.
Example-:
As not wearing helmet is not
crime it is an offence.
Criminals act are always crime not offence. For criminal act punishment
is much severe as compared to punishment awarded in offence. So for criminal
act or crime punishment is felony. The more grievous criminal act or crime is
more severe the punishment is.
All acts which are prohibited by our respective holy book that is sins,
if anyone commit it with intention or without intention it is a criminal act.
6.
All acts to which social stigma is
attached are criminal act-:
The label of "crime" and the accompanying social stigma normally confine their scope to those
activities seen as injurious to the general population or to the State,
including some that cause serious loss or damage to individuals. Those who
apply the labels of "crime" or "criminal" intend to assert
the hegemony of a dominant population, or to
reflect a consensus of condemnation for the identified behaviour and to justify
any punishments prescribed by the State (in the event that standard processing tries and convicts an accused person of a crime).
7.
Criminal acts are those acts by which other people also suffer-:
Criminal Blowback
refers to the fact that if 99% of people play by the rules, that 1% still
creates enough carnage that causes new tactics to be taken to combat those
crimes. Which ends up hurting the 99% majority by means of the Blowback?
Examples: If one student kills someone in a school; everyone else is then
forced to endure random body searches and waits in long lines through metal
detectors. If one person cheats on a test, then everyone else is then forced
into taking a more difficult test, because the normal test may be compromised.
If one man uses his car to smash it into a building; then everyone else is then
forced to pay a higher insurance rate to cover the lost funds spent to repair
the building. If one man rapes a woman; then everyone else is then forced to
deal with harsher Sex laws. Which have become so stupid in some states, that if
a person is caught urinating in public; they can be convicted as a Sex
Offender. If one man finds a new way to put poison into a jar of food; then
everyone else is then forced to pay higher prices for that item, because new
security features had to be added to protect the food.
Since Criminal acts are not
committed by just one person, but thousands, even millions of persons
worldwide; the Blowback that everyone else is forced to endure cannot be
measured. So basically; the criminal act of one person, causes
1000 others that didn't have anything to do with the crime to suffer; both
directly and indirectly.
EXAMPLE-1
I'm being forced to not go out of home during
time period when Sec-143 of IPC is made applicable in Lucknow the reason is
that my parents are scared that I may be also be put behind bars unnecessarily
as I am not a criminal. So because of these criminals I have to also sacrifice
of roaming during that period. Thence because of them I also suffer. It's not
fair that criminals commit the crimes, but those of us honest people end
up suffering. So all this ever does is annoys those of us that actually follow
the rules.
EXAMPLE-2
Nobody’s parents easily
allow their child to visit Kashmir because of terrorism created by terrorist.
Terrorist acts or behaviour are criminal behaviours or acts and because of
their criminal behaviour or act the people are being deterred from visiting Kashmir
(Heaven in Hell, paradise city on Earth).
8.
A terrible individual criminal act that garners the
attention of local and federal police that includes Choppers and a great chase.
9.
At the time of
committing crime an individual takes law in hand meaning that he tries to do
justice with him as injustice had been done by the victim towards criminal, and
as such during that period criminal heart(man) is the judge, so it gives
decision also whether to kill him(victim) or not. Heart gives direction to the
criminal and the criminal act same as like policeman does that is to abide
court decision, in particular Court decision is Heart and policeman is the
individual or criminal.
Both
genes and environmental forces play a role in the criminality of an individual;
it is more often an interaction between genes and the environment that predicts
criminal behaviour; Having a genetic tendency for criminal behaviour does not
determine the actions of an individual; but if they are exposed to the right
environment, then their chances are greater for engaging in criminal or
anti-social behaviour.[4]
10. The act is criminal act if it creates a
horrible or atrocious environment in society and causes the next person to fear
of the individual who committed it.
Criminal
acts of terrorist in all over the world has created horrible or atrocious environment.
Especially in India Kashmir is at top position where the environment is
atrocious, cause which people fear to live in Kashmir and tourist fear to visit
that place.
CONCLUSION
I think I was able to explain and
differentiate CRIMINAL ACTS and NATURAL OR DAILY ROUTINE ACTS.
From
my way if we have to curb crime then we should not stress on implication rules
and Laws. That this Section should be introduced, this section should be like
this not like that. All these steps only help in punishing the criminal and way
so that a criminal can be amenable to particular Law of a Country.
These
Laws do not reduce or curb crime that is being committed day by day. If we
compare number of crimes committed now to the number of crimes committed
earlier. The ratio will be 10:5 that ten is to five. Earlier people committed
crime less because they read their respective holy faith book and they abided
it too. But see nowadays out of 100 we will find rarely 40-45 of people who
have studied their respective holy faith book e.g. Gita in Hindu, Quran in
Muslim, Bible in Christian e.t.c.
Earlier people committed less crime as they
read their respective holy faith book and so believed in God. So were mostly
were never ready to commit sins. But nowadays people do not believe in God as
they have not read their respective holy faith book then how can they believe in
God, thence are not scared of sins.
So if we
want to reduce number of crimes that is being committed by people we have to
stress on teaching respective holy faith. This is most important subject to
learn because noone is human without reading it. I am assigning it as most
important subject to learn because if people will not read it mostly they will
not believe in God and commit sins. That is an hurdle to run a society
peacefully.
If people have knowledge about their
respective holy faith book at least they will hesitate in committing sins. So
by at least we can curb or reduce number of sins that are being committed as
ALL SINS ARE CRIME. For reducing crime Law is there.
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