Malum Prohibitum: Definition and Meaning

When viewed alongside crimes governed by English common law and blatant transgressions of social norms, which are described as malum in se, the Latin term malum in se, which means "wrong due to being prohibited," refers to crimes made such by statute. In addition to "white collar crimes" like inappropriate use of insider knowledge, issuing stocks without a permit that are purposefully unsupported by real assets, and tax evasion are examples of statutory crimes.

Acts that are prohibited by law are done so for the benefit of the community and are not inherently sinful or unethical. When anything is made illegal by a criminal statute, it is referred to as mala prohibita in criminal law. Mala prohibita crimes typically do not require intention and do not come with strong moral connotations.

What is Malum Prohibitum?

The Latin proverb refers to actions that are illegal and consequently against the law. Modern usage of the phrase refers to behaviors that are improper simply because they are prohibited by law. There are two sorts of crimes:

This explains Malum Prohibitum as a wrong doing as they are prohibited by the law which may or may not be wrong by morals.

Illustration on Malum Prohibitum

The majority of "white collar crimes" as well as violations of the Securities and Exchange Act 1934 (USA) are Malum Prohibitum.

Important Case Laws

Some of the important cases of this category are −

Naraynamma & Anr Etc vs Govindappa & Ors. Etc (2019)

Courts of equity following the rule of law as to participants in a common crime will not intervene to grant any relief to parties involved in illegal agreements or any such type of transactions, whether or not they are mala prohibita or mala in se, according to the Supreme Court in Naraynamma and Anr Etc vs Govindappa and Ors., citing Story's Equity Jurisprudence by Randall.

Where the party would otherwise benefit from his injustice, the old cases frequently provided remedies, both at law and in equity. However, modern doctrine now follows a more equitable, likely politically expedient, and moral rule that says to "leave the parties where it finds them giving no relief and no countenance to claims of this sort."

Sunil Kumar Ghosh vs State of West Bengal & Ors. (1969)

According to the Calcutta High Court in Sunil Kumar Ghosh vs. the State of West Bengal and Ors., "The old distinction between mala prohibita and mala in se has broken down because many acts which have been made punishable as a violation of the law does not require moral turpitude: Nothing about an act or omission's moral nature can set it apart from a civil wrong, in particular." Or make it a criminal offence.

For instance, there are several infractions of statutory rules and bye-laws that must be classified as crimes since they are penalised by criminal procedures even though they do not bear the slightest moral responsibility, such as "the failure to have a proper light on a bicycle."

Conclusion

A crime that is not righteous before the law and without it. It examines and disproves many arguments used to support the punishment of those who commit various mala prohibita offences. The enforcement of numerous penal laws may result in inappropriate sanctions if justification fails in specific situations. Common attempts to defend criminal punishment frequently assume that the offender has committed a malum in se crime.

Frequently Asked Questions

What distinguishes malum se from malum prohibitum?

A malum in se offence is one that is "naturally evil as adjudged by the sense a crime that is malum prohibitum is only morally objectionable because it is against the law, not the norm of a civilised community.

What does the mala prohibita mean in IPC?

When anything is made illegal by a criminal statute, it is referred to as mala prohibita in criminal law. Mala prohibita crimes typically do not require intent and do not come with strong moral connotations.

What offences fall under Malum Prohibitum?

Disorderly behaviour, gambling, the possession or use of a controlled substance, prostitution,intoxication, resisting arrest, over speeding, and vagrancy are a few examples of offences that are typically viewed as mala prohibita.

Are criminal activities unlawful because they contravene a society's basic moral or natural laws?

Mala In Se is a concept used to describe illegal activities that are improper because they contravene a society's moral, societal, or natural norms. These are the behaviours that, by virtue of their very nature, are evil, whether or not a statute or law specifically forbids them.