Literal Meaning

Crimes prohibited.

Origin

Latin

Explanation

This maxim refers to actions that are wrong simply because laws have been passed prohibiting them. Mala prohibita crimes require proof that they are wrong, and that the accused person actually committed the act. These are the types of acts that, while it may not immediately appear that they directly harm someone, are still against the law.

Illustration

Mala prohibita includes public intoxication, carrying a concealed weapon, theft, robbery, Drunk and driving matters etc.

Case Laws

Sunil Kumar Ghosh vs State Of West Bengal And Ors.

The court held that old distinction between mala prohibita and mala in se has broken down because many acts which have been made punishable as an offence by statutes do not involve any moral turpitude. ”In particular, nothing in the moral character of an act or omission can distinguish it from a civil wrong or make it a criminal offence. There are, for example, many breaches of statutory regulations and bye-laws which, because they are punishable in criminal proceedings, must be classed as criminal offences though they do not involve the slightest moral blame.

Bachan Singh vs State Of Punjab ,AIR 1980 SC 898, 1980 CriLJ

The Court held that the common Law were classified as crimes mala in se as distinguished from crimes mala prohibita. Crimes mala in se embrace acts immoral or wrong in themselves, such as, murder, rape, arson, burglary, larceny (robbery and dacoity;) while crimes mala prohibita embrace things prohibited by statute as infringing on others’ rights, though no moral turpitude attaches to such crimes. Such acts constitute crimes only because they are so prohibited.

Also Read: Animus Nocendi