CONCEPT OF ACTUS REUS AND MENS REA IN CRIMINAL LAW

INDIAN CRIMINAL LAW

Introduction

The concept of crime, Actus Reus and Mens Rea has always been depedent on public opinion. As we already know law reflects the public opinion of the time. More than any other branch of law, criminal law is the mirror of public opinion. In order to know the nature and the content of crime we must first all know what actually law means. Because the two questions crime and law are so closely related with each other that is very difficult to understand without knowing the two terms. So, first let’s understand ‘Law’ and ‘Crime’.

What is Law?

Law is the aggregate of rules set by men as politically superior, or sovereign, to men as politically subject. Law is a command enjoining a course of conduct to be observed by all the members of the society and is backed by a sanction. Thus law prescribes certain standard of conduct to be observed by people in society. These standards have the approval of society in general. Any deviations from the standards of behavior fixed by the society is punished. Therefore, such conduct as does not accord with the prescribed standards is loosely known as crime.

The true principle is that the law exists for the protection of society. It does not only discharge its functions by protecting the individual from injury, annoyance, corruption and exploitation; the law must protect also the institution and the community of ideas, political and moral, without which people cannot live together. Society cannot ignore the morality of the individual anymore than it can ignore his loyalty; it flourishes on both and without either it dies.

What is Crime?

According to Kenny, crimes are wrongs whose sanction is punitive and is in no way remissible by any private person; but is remissible by crown alone, if remissible at all. In other words crime would seem to be any undesirable act which the State finds it most convenient to correct by the institution of proceedings for the infliction of a penalty, instead of leaving the remedy to the discretion of some injured person which will create chaos in the society. Thus crime is basically punitive in nature and it is different than a civil wrong which are private wrongs.

Crime can also be explained through its attributes. There are basically three attributes of crime-:

1. Its is the harm brought about by some anti-social act of a human being which the sovereign desire to prevent.

2. The preventive measures taken by sovereign are in the form of threat of sanction or punishment.

3. The legal proceedings wherein the guilt or otherwise of the accused is determined, are a special kind of proceedings governed by special rules of evidence.

Elements Of Crime

The chief elements necessary to constitute a crime are-:

1. A human being under a legal obligation to act in a particular way and a fit subject for the infliction of appropriate punishment.
2. An evil intent on the part of such a human being.
3. An act committed or omitted in furtherance of such intent.
4. An injury to another human being or to society at large by such act.

Concept Of Actus Reus And Mens Rea in Crime

Actus Reus

Actus Reus stands for ‘Act’ which means ‘movement of body’ and ‘Reus’ means ‘something which is prohibitted by law’. Therefore Actus Reus means movement of body which is prohibitted by law.

Definition of Act

The word ‘Act’ may be defined as-:

1. Movement of any muscular part of the body of any person.
2. May be direct, indirect or the combination of both or through agent.
3. Act produces certain consequences.
4. Those consequences are prohibitted by law.
5. Punishment is provided by law for those consequences.

(Reference to section 32 and 33 of Indian Penal Code)

The word ‘Act’ includes-: Section 33 IPC

1. Series of Acts.
2. Illegal Omissions
3. Series of Illegal Omissions
4. Cobination of two (Act+Omission)
5. Combination of series of two.

Act Has To Be Voluntary

Act must be voluntarily done by the accused. If the Act is not voluntary then it is not punishable under IPC. For instance various defences are available such as Act done by a person of Unsound mind, Defence of Intoxication are acts which fall under involuntary acts.

The definition of ‘voluntary’ is defined under section 39 of IPC. It provides 3 category of acts which can be branded as voluntary:

1. Intention (Highest level of mental alertness)
2. Knowledge (Person having particular knowledge but might not intent)
3. Reason to Believe (Person having reasons to believe that harm could be caused)

Two maxims which have now become an established principles are;

• Every person is presumed to know the consequences of his or her act.
• Every person is presumed to intent those consequences.

Connection Between Actus Reus And Mens Rea Has To Be Direct

A person is liable only for those consequences of his Actus Reus which are direct, proximate and immediate result of his act. But this principle is not absolute as there are certain exceptions where a person is made liable for the act of another and those are section 34, 149 and 114.

Mens Rea

“Actus Non Facit Reum Nisi Mens Sit Rea”

It means an act is not necessarily a guilty act unless the accused has necessary state of mind required for that offence.

The liability to conviction of and individual depends not only on his having done some outward acts which the law forbids, but on his having done them in a certain frame of mind or with a certain will. These are known as ‘Mental Elements’.

There are two test to establish this:

• Whether the act in question was a voluntary act of the accused.
• Whether the accused has the foresight of the consequences of his conduct.

Mens Rea is one of the important components of crime, but there are different shades of Mens Rea required for different crimes and those are:

• Intention
• Knowledge
• Reasons to believe
• Negligence
• Rashness
• Dishonest intention
• Fradulently
• Good Faith

Thus it is clear that combination of two ‘Act’ i.e. ‘Actus Reus’ and ‘Intent’ i.e. ‘Mens Rea’ makes a crime. The act and intent must both concur to constitute a crime. An Act by itself is not wrong. But act, if prohibitted, done with particular intent makes it criminal. There can be no crime large or small without any evil intent.The responsibility in crimes must depend on the doing on the doing of a ‘willed’ or ‘voluntary act’ and a particular intent behind that act. Most conscious and voluntary acts are directed towards a particular result or consequence. When one Acts to produce a particular consequence he is said to do that act with with that intention. For any criminal liability there must be a voluntary act. This proposition is derived from
“Actus Me Invito Factus Non Est Mens Actus”

An Act done by me against my will is not my Act. This maxim supports the doctrine of Mens Rea.