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Notes of Criminal Law

The document discusses different definitions and concepts of crime according to various scholars and schools of thought. Crime is defined as an immoral and harmful act regarded as criminal by society (Garofalo), a legal wrong that can result in criminal proceedings or punishment (G. Williams), and a violation of criminal law (Sutherland). Crime is also viewed as a normal social phenomenon (Durkheim). It further explores crime as a public wrong, moral wrong, conventional wrong, social wrong, procedural wrong, and legal wrong. Crime is discussed as a dynamic concept that changes with social transformation. Key aspects of criminal law like its instruments to safeguard people, universal nature, and changing nature with rigid interpretation are also summarized.

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Prashant Shah
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506 views5 pages

Notes of Criminal Law

The document discusses different definitions and concepts of crime according to various scholars and schools of thought. Crime is defined as an immoral and harmful act regarded as criminal by society (Garofalo), a legal wrong that can result in criminal proceedings or punishment (G. Williams), and a violation of criminal law (Sutherland). Crime is also viewed as a normal social phenomenon (Durkheim). It further explores crime as a public wrong, moral wrong, conventional wrong, social wrong, procedural wrong, and legal wrong. Crime is discussed as a dynamic concept that changes with social transformation. Key aspects of criminal law like its instruments to safeguard people, universal nature, and changing nature with rigid interpretation are also summarized.

Uploaded by

Prashant Shah
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Definition of Crime by different scholars:

Garofalo: Crime is an immoral and harmful act that is regarded


as a crime by public.
G. Williams: A crime or offence is a legal wrong that can be
followed by criminal proceedings which may be result in
punishment
E.H. Sutherland: Criminal behavior is behavior in violation of
criminal law. No matter what degree of immorality
reprehensibility or indecency of an act it is not crime unless it is
prohibited by criminal law
Crime is normal phenomenon- Emile Dhurkheim
Definition of Crime
Interpretation of Statute Act, 2010 Section 2(tha) define
Offence means and includes act or omission punishable by law.
Crime is dynamic concept changing with the social
transformation.
In broad sense crime is an act against society. State reacts
against criminal on behalf of victim.
In strict sense, crime is an act committed in contravention to
criminal law.
Crime is the violations of the rules and principles of Criminal
Law.
Concept
Among all branches of law, the branch that closely touches and
concerns human beings in their day to day affairs is criminal
Law.
The very definition and concept of crimes varies not only
according to the values of particular group and society, it's ideal
faith, religious attitudes, customs, traditions, taboos but also
according to the form of government, political and economic
structure of society and number of other factors.
Any act, which is a crime today, may not be a crime tomorrow if
the legislature so decides. Sati System, Polygamy, Dwary and
Untouchability were not knows as a crime in the past.
a. As a Public Wrong :
- An act committed or omitted in violation of Public Law
forbidden or commanding it.
- That public law may be political offence or offence
against the state
- Constitutional Law or Criminal Law

b. As a Moral Wrong
- Crime is applied to those acts that go against the social
order.
- Worthy of serious condemnation
- Crime in terms of immoral and act social acts.
- Crime is an immoral and harmful acts that is regarded as
criminal by public opinion
- Moral wrong breaks down immoral acts: murder,
causing hurt, rape, kidnapping child, destroying other
property.

c. As a Conventional Wrong
- Crime committed in terms of Criminal behavior
- Criminal behavior is behavior in violation of criminal
Law.
- Crime is violation of Criminal Law

d. As a Social Wrong
- Crime is an act that has been shown to be actually
harmful to society or
- that is believed to socially harmful by a group of people
- In Russia- there is Socially Dangerous Act, 1959

e. As a Procedural Wrong
- A wrong which is pursued by the sovereign or his sob-
ordinates is crime.
- Criminal offences are basically the creation of the
criminal policy.

f. As a Legal Wrong
- Code, Laws, prescribes punishment for an act or illegal
omission it becomes crime
- Harmful acts which is prohibited by state
- Crime is an act of commission or an act of omission on
the part of human beings which is consider harmful and
prohibited by the state
Classification
a. Offence against person
b. Offence against property
c. Offence relating to documents
d. Offence affecting mental order
e. Offence against public tranquility
f. Offence against state
g. Offence relating the public Servants

Nature of Criminal Law


1. Instruments to safeguard person's security, life, liberty,
property, dignity, prestige etc.
2. It searches the space of branch in Law
3. Criminal law is a part of Substantive Law
4. Criminal Law is a branch of Public Law
5. Criminal Justice is administered by State
6. Universal Nature of Criminal Law
7. Changing Nature of Criminal Law
8. Rigidness in Interpretation of Criminal Law
9. Only the parliament may create Criminal Law
10. Criminal Law is not retrospective – Uttam Lama Vs.
HMG, Nepal Kanoon Patrika (2061) D.N. 7432
11. Penal Sanction
12. Criminal law Untouchable and unchanging

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