The honest and law abiding citizen in his efforts towards fighting Crime has no need to feel forlorn or helpless. Even though a crime is directed by an offender against one individual, chosen as his victim, it is still recognised as a social offence, i.e. an affront against society as a whole. Because such incident, if left unchecked can bring about a chain of violent happenings with retaliatory actions followed by counter actions setting a dangerous situation in the society. Violence and crime against one individual in the society are deemed as offence against the society as a whole. It therefore seriously concerns the society to prevent such occurrence at the origin. The Government of the country rightly assumes responsibility to protect its citizens, preserve the law of the land and administer justice impartially. It takes the initiative to investigate, to prosecute and to punish the offenders, who violate the law of the land, that is essential to maintain internal security and social harmony . The individual against whom these are directed has only to lodge a complaint with the competent law enforcing authority under whose jurisdiction the crime has been committed, to set this process in effect. This is the essence of civil society organized under the rule of law.

India is a welfare State, and one of the most important functions of the welfare State is, maintenance of law and order. Offences committed by any person in India are punishable under the Indian Penal Code, 1860. The provisions of the code also apply to any offence committed in any place beyond India by an Indian Citizen, who is liable by any Indian law (section 3). Indian Penal Code, ordinarily referred to as IPC, is a substantive law. It has an exhaustive definition of offences and also lays down punishment for each such offence. Crimes involving physical violence and different kinds of cheating classified as white-collar crimes are dealt with in IPC. Economic offences and offences involving evasion of taxes under taxation laws are covered under different codes, and enforced by different agencies.

Section 2 of the Act lays down that

"Every person shall be liable to punishment under this code and not otherwise for every act or omission contrary to the provisions thereof, of which he will be guilty within India".

The word 'person' is defined in section 11 of the Act. as to include any Company or Association or body of persons, whether incorporated or not. In the eyes of law such bodies are viewed as 'legal persons'. All these entities are liable for offences under the ACT. For any offence under the ACT by a private limited Company, all its Directors will be held responsible and punishable under law.

Though the law states that every person shall be liable to punishment under this code, there are however specific exemptions from criminal proceedings or punishment by virtue of special indemnity under Constitution of India, statutory provisions, or some well recognised principles of international law. Thus the following persons are exempted from punishment for any crime under the code -

• Indian President

• Governor of States

• Ambassadors

• Alien enemies

• Foreign army personnel taken as prisoners of war

"Illegal"; "legally bound to"-: The word illegal is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action. (Section 43). And a person is said to be "legally bound to do", whatever it is illegal for him to omit.(Section 43)

"Injury": denotes any harm whatever illegally caused to any person, in body, mind, reputation or property.(Section 44)

"Dishonestly":- Whoever does anything with an intention of causing wrongful gain to one person or wrongful loss to another person, is said do that thing "dishonestly".(Section 24)

"Fraudulently":- A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise (section 25)

The last two-definition emphasize that the possessing or holding an intention referred as criminal intent is an essential element of a crime. This is also referred to as mensrea'.

"Wrongful gain": - is gain by unlawful means of property to which the person gaining is not legally entitled. (section 23)

"Wrongful loss": - is the loss by unlawful means of property to which the person losing it is legally entitled. (section 23)

To constitute an offence under the ACT, the action complained must have the following ingredients.

• An act or omission committed by a person, which is illegal under the Act. What is illegal is defined in Section 43 explained above. It must be committed by a person as defined in section 11 0f the IPC.

• The act must be done with criminal intention (with a guilty mind - mensrea). A cardinal principle of criminal law is that an act alone does not amount to an offence till it is also accompanied by a guilty mind as laid down in Latin Maxim 'actus non facit reuns nisi mens sit rea'. The word 'criminal intention' has not been specifically defined. It should imply or intend to result in a 'wrongful gain' to the person holding the criminal intention or 'wrongful loss' to the affected person.

• The act must cause or result in injury to a person or persons. Injury is defined in Section 44 of the act as explained earlier

Gross negligence recognised as 'criminal negligence' is deemed as an offence, though criminal intention may not be present. Section 304-A of IPC deals with causing death by any rash or negligent act and prescribes a punishment of imprisonment of either description for a term which may extend to two years or with fine or with both. Sections 284 to 289 of the Act also deals with different varieties of acts deemed as 'negligent conduct' and prescribes punishment for the same. A person of ordinary prudence ought to have known that if certain dangerous acts are committed it will cause injury to others. Even if he did not intend the injury, his negligence is categorized as rash negligence, which implies reckless performance of the job. Such negligence may result in positive harm or injury or damage on others or on the person of the employee himself, or causing huge material loss to his employer. It is the breaking point, that takes performance beyond employing normal prudence and commonsense. Such negligence is deemed as an offence under the act.

Crime is planned in the mind (of the criminal) and executed involving different stages. The first stage is the motivation or the intention for the crime. The intention to commit crime, but not executed is not an offence and not punishable in law.

The second stage is the arranging of preliminary steps for carrying out the crime. In specific cases devising preliminary steps for the crime not amounting to its actual attempt is punishable. Example- As per Sec.122 -Collecting arms etc. with intention of waging war against the government of India is an offence punishable with imprisonment for life or imprisonment of either description for a term not exceeding ten years, though no war may actually have been waged. Another instance of this type is section 309 - 'Making preparations for decoity'. The section states:

Whoever makes any preparation for committing decoity, shall be punished with rigorous imprisonment for a term, which my extend ten years, and shall also be liable to fine.

The third stage is the attempt to commit the offence. The moment he commences to do an act with necessary intention, he commences his attempt to commit the offence. If the crime is not completed, as the attempt fails, but still the person attempting the offence is liable for punishment, but only in respect of offences, which are punishable with imprisonment for life or other imprisonment (section 511 of IPC). Not in other cases.

The last stage is the commission of the crime, when the crime is completely executed and injury caused to the victim, resulting in the committing of an offence under the Act.