The act must
have been done
by a human
being before it
can constitute a
crime punishable at law.
CRIME –Any thing
which is injurious to
public welfare is
a crime. “An act
punishable by law
as forbidden by
statute or injurious
to the public welfare”.
The chief elements
necessary to constitute
a crime are :
·
A human being
under a legal obligation to
act in a particular
way and a
fit subject for
the infliction of
appropriate punishment (HUMAN
BEING);
·
An evil intent
on the part of a
such a human
being (MENS-REA);
·
An act committed or omitted in furtherance
of such an
intent( ACTUS-REUS);
·
An injury to
another human being
or to society
at a large
by such act ( INJURY
TO HUMAN BEING).
Two things must be there in criminal offence - mens rea and actus reus
MENS REA
Everyperson with a guilty
mind should be punished this
is the main objective of
criminal law. Mensrea is
a state of
mind which is
basically connected with
guilty intention.
‘Actus nonfacitreum
nisimens sit rea’is a well known
maximum of criminal
law.It means ‘the
act itself does
not make a
man guilty unless
his intentions were
so.’ From this maxim
follows another proposition: ‘actus me
invito non estmensactus’which means
‘ an act done
by me against
my will is
not muy act at
all.’ This meansan act in
order to be
punishable at law
must be a
willed act or
a voluntary act
and at the
same time must
have been done with a criminal
intent.
Mensrea refers to the
mental element necessary
for the particular crime. Mental
element may be either
intention to do
the act or
bring about the consequences
or in some crimes
recklessness as to
that consequences. it implies
a blameworthy condition of mind which invplves knowledge
of the character
of the act
and foresight of
the consequences. In MENS
REA there must be volition, motive ,and
criminal intention.
Actus Reus
The act
should be done
by human being with guilty
mind for his
voluntary act or omission .
ACTUS NON FACIT
REUM NISI MENS
SIT REA which indicates "An act is
not of itself
wicked unless the
mind is wicked
also. The actus reus is
a absolutely essential
as it is
the physical of the crime. without an actus reus
a person cannot
be charged with
a criminal offence
unless something has
happened (or failed
to happen) no criminal liability follows.
Essential element of
actus reus:
·
An act committed
by the accused
an omission of the
accused the failure
to do some thing that he/ she should have
done b ut didn’t.
·
A person
is never punished
merely for wrong
thiinking or evil
thoughts.
·
A person
can only be found
guilty if the
physical element of
the crime is
proven.
·
However, In
most criminal offences
the actus reus
must be linked
to an appropriate
form of mens rea.
The Author of this post, Ms. Pooja Kaushik is a law student at Maharishi Law School, Maharishi University of Information Technology, Noida. She can be reached at pooja97decent@gmail.com
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