Concept of Crime and Law and Emergence of Criminal Law

I Crime and Law 

Crime and Law are two very common yet too technical terms. Both exist in the society simultaneously but exist in contradiction to one another and lose their meaning in absence of other.

Before heading forward into details and technicalities, let's first start with the definitions of the two:

1. Crime: The Merriam-Webster dictionary defines crime as' an illegal act for which someone can be punished by the government especially: a gross violation of law' 

According to Blackstone Crime is," “an act committed or omitted in violation of public law forbidding or commanding it"

According to Stephen Crime is  "an act forbidden by law and which is at the same time revolting to the moral sentiments of the society” 

2. Law: The Merriam-Webster dictionary defines law as, 'a binding custom or practice of a community: a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority' 

According to John Austin, “Law is the aggregate set of rules set by a man as politically superior, or sovereign to men, as political subjects.”

According to Oliver Wendell Holmes, “Law is a statement of  the circumstances in which public force will be brought to bear upon through courts.”

So if you would have closely gone through the above definitions and noticed the highlighted words, you would now in some corner of your mind be linking law and crime.

Now the question arises how is Crime related to Law and does Crime exists without Law?

To understand the relation between Law and Crime, let's take a simple example:

Suppose in a country, Mr. A kills Mr. B but there exists no specific definition for such killing in that country neither there is some punishment for such act

Will Mr. B be tried for committing a Crime?

How will the scenario change if such a thing happens in India? Murder or Culpable Homicide! Right.

Now coming to the answer, Crime is nothing but disobedience of Law. If the law forbids an act and a person commits that very act, he is said to have committed a crime. 

Crimes are the acts that are well defined by some statute (with definite punishments) that are a threat to Public Safety. Thus crimes are considered to be committed against the State rather than a Private Individual.

But are all violations of law are Crimes?

NO, Crime is an act punishable by law as forbidden by some statute or is injurious to public welfare.

For example: If a person is on death bed with no hopes of life and you euthanize that person in order to reduce his sufferings, will it be a crime?

In Belgium NO, but in Sri Lanka YES!

Hence, the very existence of crime depends upon the law itself. If the law doesn't recognize an act as a crime, it will not be a crime; though it could be a crime in some other state where it is defined. (Please refer to above example)

   This unique blend of Crime and Law gives birth to a new branch of law called Criminal Law.

According to the Merriam-Webster dictionary, Criminal Law is, ' The law of Crimes and their Punishment'

Criminal Law thus can be summarized as " a body of rules and statutes that defines the acts prohibited by the legislature as they threaten the public safety and welfare and defines punishment to be imposed on the commission of such acts"

P.S.: Thanks for reading. Suggestions and feedback are welcomed!