In this article you will learn about the Difference Between Crime and Offence in IPC.
Crime
Crime has not been defined in any law. They are generally considered to be offences that are particularly harmful to society, and they are often defined and codified in criminal law. Examples of crimes include murder, robbery, assault, and theft. Committing a crime can result in criminal charges, prosecution, and potential imprisonment or other significant penalties.
Crimes break social norms. This means that if someone breaks the rules, commands or any norms of the society that will come under the category of crime. Crime has a wider term. All crimes are not offences. For example - Blackmailing is a crime but not an offence. It is not formally recognised under penal laws.
Illustration
A breaks into B's house, steals valuable items, and causes property damage. The act of A would be considered a crime, specifically burglary and theft. The elements of crime involved here are : theft, violation of law, property damage, breaking and entering to the house, bypassing the owner's consent.
Offence
An offence, on the other hand, is a broader term that encompasses a wider range of prohibited actions. It is defined under Section 40 of IPC and Section 2(n) of CrPc. It is an act that is prohibited by any statue. It refers to any act that violates a particular law or rule, whether it is a criminal offence or a less serious violation. Offences can be categorised into criminal offences (crimes) and non-criminal offences. Non-criminal offences are generally of a less serious nature and may be subject to civil penalties, administrative actions, fines, or other forms of punishment. These are formally recognised under penal laws.
Offences can be classified into cognizable offences and non-cognizable offences. For example : Extortion is an offence under sec. 383 of IPC punishable under sec. 384.
Illustration
A is driving over the speed limit on a city street. This act of A would be considered a traffic offence.
Points of Differences
| DIFFERENCE | CRIME | OFFENCE |
|---|---|---|
| Section | Not defined | Section 40 of IPC and Section 2(n) of CrPc |
| Meaning | These are offences that are particularly harmful to society | Any act that violates a particular law or rule |
| General sense | Crimes break social norms | An act that is prohibited by any statue |
| Classification | White collar crimes, organised crimes, socio-economic crimes | Cognizable offences and non-cognizable offences |
| Recognition | Not formally recognised under penal laws | Formally recognised under penal laws |
| Comparison | All crimes are not offences | All offences are crimes |
Conclusion
Crime refers to more serious and harmful offences, while offence is a broader term that covers any violation of a law or rule, whether it is criminal or non-criminal in nature. The severity of the act and the potential penalties involved usually differentiate crimes from other offences.
This article on Difference Between Crime and Offence in IPC is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.