Criminal Liability for Offences Against Persons

Running head : Criminal liability for offences against person
CRIMIAL LIABILITY FOR OFFENCES AGAINST PERSON
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Criminal liability for offences against persons1
Introduction
The term offense against the individual denotes the broader area of criminal acts that
involve harm to the body, the threat of damage to the body ar any action which is committed
against the consent of the individuals. Those include risk or bodily injury or harm comprise of
domestic violence, battery, and assault. In addition to those crimes such as kidnapping,
harassment and stalking are also regarded as the crime committed against the individuals1. The
criminal liability in the simpler terms signifies that the individuals are liable under law for doing
any act which is contrary to the legislation2. If the criminal act is committed by the individuals,
the case will be prosecuted by the governmental authority in court3. The three essential elements
for defining the unlawful act which is proved by the prosecuting authority beyond judicious
doubt for obtaining the conviction of the person are as follows. Firstly there is an actual
occurrence of crime. Secondly, there is the presence of mens rea at the time of the commission of
criminal activity4. Thirdly, there is a relationship between the two factors. The fundamental
1 Robinson, Paul H. "Imputed criminal liability." “The Structure and Limits of Criminal Law.
Routledge,. 29-96” 2017.
2 Gerstenfeld, Phyllis B. "Hate Crime." “The Wiley Handbook of Violence and Aggression : 1-
13” 2017.
3 Gless, Sabine, Emily Silverman, and Thomas Weigend. "If Robots cause harm, Who is to
blame? Self-driving Cars and Criminal Liability." New Criminal Law Review: “An International
and Interdisciplinary Journal 19.3: 412-436” 2016.

Criminal liability for offences against persons2
statute that deals with the criminal act of violence that is committed against the person comes
under the ambit of Offences Against the Person Act, 18615.
Discussions
The matter that affects criminal liability under Offences against the Person Act, 1861 in
order to constitute a criminal offense by the act thee should be a fault in the commission of an act
with the knowledge of fault on the part of that person and he fails to adopt judicious measures for
preventing the occurrence of an act. the offenses that involve grave hurt or injury need criminal
intention for causing grave injury as to the peril of severe injury6. The offenses which involve
hurt to the persons require either recklessness as to the peril of hurt or injury of criminal
intention for causing injury. In another manner for offenses against the person, the injury that is
foreseen or intended matches the injury which should occur. The liability can also arise despite
no occurrence of harm or injury to the person under the legislation governing offenses against
the person in the country of the United Kingdom. The liability of an act which does not cause
any injury or harm to the person depends on the severity of the harm occurred. The liability of
the defendant depends on what he elects to risk causing or cause7. This approach in the criminal
4 Bankowski, Zenon, D. Neil MacCormick, and Geoffrey Marshall. "Precedent in the United
Kingdom." Interpreting Precedents. Routledge,. 315-354” 2016.
5 Offences Against the Person Act, 1861
6 Boister, Neil. “An introduction to transnational criminal law. Oxford University Press”, 2018.
7 Stevens, Alex, et al. "Legally flawed, scientifically problematic, potentially harmful: The UK
Psychoactive Substance Bill." International Journal of Drug Policy 26.12: 1167-1170” 2015.