Mens Reus and Actus Reus

The mens rea and actus reus are two components that make up a crime. The term Mens Reus refers to the guilty act, while the term Actus Reus refers to the guilty act in a crime. A crime is described as a violation of society's rules, which disrupts the overall peace of the community.

The responsibility for proving a crime lies with the government, despite the prosecution needing to present proof. To safeguard the victims, stop the perpetrator from committing further offences, and guarantee the victims receive justice, the government steps in.

Essential elements of a Crime

A crime is an action that disrupts the tranquillity of an entire community. The entire community is impacted negatively due to the occurrence of a crime. Here are the key elements considered to establish the occurrence of a crime. They are-

1. Opposed to a person

2. Mens Reus or Intent

3. Actus Reus or Intent to commit the crime

4. Injury suffered as a result of the crime being committed

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This Story also Contains

1. Essential elements of a Crime
2. What is Mens Reus?
3. What is Actus Reus?
4. Strict Liability
5. Case Laws on mens rea and actus reus
6. Conclusion

What is Mens Reus?

Intentional Mind, also known as the "Guilty mind," delves into the psychological aspect of participating in illegal actions. This includes being aware that your actions are wrong and might lead to adverse outcomes, along with having the purpose to carry them out.

The evidence must clearly show that the person accused was fully aware of their actions, had the intention to cause harm to the victim, and carried out the crime with that purpose in mind for it to be established. In terms of Mens Rea, the person being charged needs to have intentionally aimed to inflict injury or violate the law. Mens Rea, which suggests that an individual should be aware of the outcomes of their actions to be responsible for them, is also a concept used in specific civil court cases.

The core concept of mens rea is conveyed through the ancient Latin saying "actus non facit reum nisi mens sit rea," which suggests that an individual cannot be held accountable for a deed unless they also demonstrate the necessary mental state.

To be considered criminally liable, one must have improper intent. In everyday language, intention refers to a goal or the wish to bring about a planned outcome or the knowledge that a person's actions will have specific repercussions.

Essential elements to constitute Mens Reus

As given above Mens Reus means a Guilty Mind or an evil intention to commit a crime or hurt someone. The fundamental elements of Mens Reus are-

Commission of a Crime-

For a defendant to be found guilty of mens rea, they must have known or intended to commit a crime. This implies that even while the person knew the activity was illegal and could have unfavourable effects, they still had to have made the deliberate decision to engage in it.

For example- A person knows it is illegal to bring a concealed firearm to a public event, yet they nonetheless do so. The person uses the weapon to threaten someone later at the party. Mens Rea was demonstrated in this instance by the accused's deliberate purpose to possess the firearm despite knowing that it was forbidden.

Carelessness-

Carelessness is defined as deliberately taking a chance even when one is aware that there may be risks or legal repercussions. Mens Rea is mostly based on the accused's negligence for possible injury.

For example, someone racing through a congested market with full awareness that doing so may result in accidents and injuries. The driver keeps driving recklessly, putting other people in danger, even though it is dangerous will result in the commission of a crime.

Awareness of the Criminal Act-

Even if the accused did not intend to do injury, mens rea can nevertheless be established if they are aware that their actions are prohibited and if executed can lead to a crime.

For example- Even though they know it's against the law, some people sell pirated movies on the streets. Even if in this scenario the person has no intention of harming someone having knowledge of the illegal act executing it will lead to crime

Negligence of the person-

The term for not taking the necessary precautions or being careful enough to accidentally cause harm is called negligence. The intention of a man might sometimes only be shown as being negligent, particularly if they act in a very reckless manner.

Motive of the person-

Although it's not always required to prove someone's guilty mind, understanding their reasons can offer clues about what the person intended and their mental state when the offence was committed.

For instance, a severely indebted individual might engage in robbing a bank to evade their financial troubles. Even though the reason doesn't prove the person's guilt, it could reveal what the accused's plans were while they carried out the offence.

What is Actus Reus?

Concrete Action, on the contrary, concentrates on the tangible physical deed of carrying out a criminal offence. It addresses the things that a person does or does not do that they ought to have done. These acts have the potential to hurt, injure, or violate the rights of others.

There cannot be a crime or a lawsuit for damages if there is not a guilty act. However, an act by itself does not constitute a crime; rather, if an act is forbidden, the act's intent and the actual deed come together to constitute the crime.

Actus Reus, with its emphasis on outward behaviours and acts of individuals, serves as a reminder that crime is more than just a concept; it is an actual occurrence that upsets society's fragile equilibrium. Given that a legitimate crime necessitates both a guilty act and a guilty thought, Actus Reus and Mens Rea go hand in hand.

Essential elements to Constitute Actus Reus

As mentioned above Actus Reus means Guilty Act, it is the commission of a crime physically and some essential elements are taken into consideration to constitute a crime. They are-

Committing an Act-

The primary element of Actus Reus is the performance of an overt or observable activity. To do this, the accused must take part in the conduct that gives rise to the offence for which they are charged.

For example- One person physically assaults another during a disagreement, inflicting injuries. Physically striking the victim in public is the overt act that establishes Actus Reus for assault.

Failing to execute-

Actus Reus can also mean neglecting to perform an act that is required by law. Actus Reus imposes accountability on someone who is legally obligated to act in a certain manner but chooses not to.

For example- When a parent neglects to provide their sick child with adequate medical care, the child's health deteriorates. Actus Reus is the result of a parent's negligence in failing to fulfil their legal duty to provide suitable medical care.Voluntary Action-

The action must be voluntary and within the accused's control for Actus Reus to be established. Activities that are out of the accused's control or involuntary are typically not taken into Actus Reus

Result of the Act-

Another crucial element of Actus Reus is the result. The accused's actions must directly lead to unfavourable consequences or unlawful conclusions associated with the charge.

For Example- A stone is thrown at a moving automobile, which causes the driver to lose control and crash into a tree. The stone-throwing action was the proximate cause of the accident, establishing Actus Reus for acts involving threats to life or property.

Illegal Act-

The relevant act or behaviour must be against the law or illegal. Participating in illicit actions is the cornerstone of Actus Reus.

For Example- It is forbidden for someone to enter private property without authorization. This prohibited behaviour establishes Actus Reus for the crime of criminal trespass.

Strict Liability

Strict liability acts as an exception to the Mens Reus. There are situations in which there is no need to prove Mens Rea; instead, strict liability is used. It suggests that an act is enough to prove criminal guilt even in the absence of the accused's knowledge or purpose. In some situations, Actus Reus alone is adequate to prove guilt and secure a conviction from a qualified legal tribunal. Statutory rape cases and the sale of tobacco products or alcohol to underage consumers are two examples. The criminal commits the offence whether or not he believes what he is doing is permissible.

Certain crimes, like stealing, need a more complex mens rea. The deliberate goal of crimes like stealing is to deny the legitimate owner of the stolen item complete use and enjoyment of their property.

Case Laws on mens rea and actus reus

In the case of R v. Pittwood

The defendant worked at a railroad crossing as a gatekeeper. He once left the gate open for cars to cross the railroad tracks while he went to lunch. Train crashes into hay wagon crossing the street. One man died, and the other suffered critical injuries. Pittwood was found guilty of manslaughter in light of his breach of contract by failing to close the gate as a train approached.

In the case of Kartar Singh V. State of Punjab

In this case, The dictum "actus non facit reum, nisi mens sit rea" was observed to represent the general requirements of penal liability in criminal activities.

The court did concede that this rule does not always apply. It said that in some cases, the government can decide to do away with the requirement of mens rea to stop certain acts from being committed. Nevertheless, mens rea must be taken into account in addition to the legal provisions, unless specifically or implicitly disregarded by a statute.

Conclusion

To conclude it can be said that both mens rea and actus reus are the essential elements to constitute a crime. The meaning of the term Mens Reus is Guilty Act and the meaning of the term Actus Reus is Guilty Act in a crime. Both mens rea and actus reus are considered to constitute a crime. A person should have an evil intention along with an act that describes the intention to constitute a crime