Types of Criminal Liability

 1. Relative Liability

Any event or  incident occurs only after the moment of the body . Likewise, crime also occurs only after moments of body or guilty action taken by the body which is called Actus Reus. Directed by the  guilty mind is called Mens Rea.

Actus Reus and Mens Rea are two major elements that are required for being a crime.
 Mens Rea is not an important element in crime of strict liability.
 The action that required both Actus Reus as well as Mens Rea to prove as crime is a crime of relative liability.
The Cardinal Principle of Criminal Law is based on "Actus non facit reum, nisi mens sit rea". which means ''An act doesn't make a person guilty unless the mind is guilty''.

Hence, The liability created after the breach of Criminal Law with full intention is Relative Liability.
Example:-  Murder, Theft, Arson, Quarreling, Defaming e.t.c.

For better understanding about element of crime once watch recommended video 

2) Strict Liability

It is also called absolute liability and absolute prohibition, due to totally prohibited nature of crime are belongs under it.
When a person is make liable for his or her conduct without considering Mens Rea  is termed as strict liability.

In crime of strict liability there is no need to prove mens Rea. Maximum serious types of crime(Rape, incitement, fraud,forgery.....)  as well as normal crime(fighting,quarelling...) falls under strict Liability in which it is believed that Mens Rea is already present there.

Actus Reus is sufficient to prove Crime and make offenders liable in this liability.

 

3) Vicarious Liability 

Vicarious liability is that liability which make it liable for the actions of others.
Generally, criminal liability can't  transfer from one person to another but if the root cause of any crime is another person then that person also need to bear liability.

If a person is held liable for the act of another is vicarious liability.

Like:

- Condition deploy innocent agents,
- Company will liable for the action of their employee,
- Master and servant punishment e.t.c.

Fine and compensation are major liability in civil case and imprisonment also in criminal case of vicarious  liability in case of abettor , inciter, innocent agents.

Principle of vicarious liability 

1) The principle of delegation 
2) The principle of attributed act

Examples, One used vehicle without license of another and do accident then owner of bike also need to bear liability. 

4) Corporate Liability 

It is the form of vicarious liability

According to Duhaiem's legal dictionary "A legal entity created under the authority of a statute, which permits a group of people, as shareholders to apply to the government for an independent organization to be created which then pursues the set objectives, and is empowered with legal rights usually only reserved for individuals, such as to sue and be sued, own property, hire employees or loan and borrow money".
 
Liability imposed on person and bear by person ,  corporate is legal person that's why it have right  to sue and be sued which directly means can be liable and make other liable.

Criminal activity done by corporate through natural person then also liability imposed on corporation. 

5) Inchoate Liability

The liability that is imposed on offenders for  inchoate offences are inchoate liability. 

Incomplete crime are inchoate offences.

Inchoate - just began , undeveloped unsuccessful.
Commonly, incitement and statutory offences of conspiracy and attempt are inchoate offences.

6) Joint Liability 

- Liability imposed for crime committed by two or more than two person is joint liability.
Equal involvement = Equal liability
Different involvement = different liability
Principal offenders : Person who commit crime.
Secondary offenders : Person who helped to commit crime or did not cooperate in investigation(who try to hide facts of case)

Thank You !

        About Author 

Pritam Shah 

Undergraduate Student, B.A.LL.B.

Prithvi Narayan Campus, T.U.