The fundamental principal of criminal liability is that there must be a wrongful act- actus reus, combined with a wrongful intention, mens rea. This principle is embodied in the maxim – actus non facit reum nisi mens sit rea. It means an act does not make one guilty unless the mind is also guilty. Alternatively, a mere criminal intention not acted upon does not constitute a crime. There are four elements of a crime –
Mens rea
Actus reus
Injury
Person
We shall discuss each of
these elements in detail.
MENS REA
Mens rea is the mental element of Crime. The essence of criminal law is expressed in form of maxim – “actus non facit reum nisi mens sit rea” meaning an act does not make anyone guilty unless there is a criminal intent or a guilty mind. That is, for any act to be illegal in. nature it must be done with a guilty mind. There can be no crime large or small, without an evil mind. The state of mind gives meaning to the act, and a crime is not committed unless there is intention to cause injury.
Mens rea is a legal phrase used to describe the mental state of a person, while doing any act. For example, in the case of murder, it is intention to cause death. In the case of theft, an intention is to steal. In the case of rape an intention to have forcible sexual connection with a woman without her consent, in the case of receiving stolen property, knowledge that the goods were stolen, and in the case of homicide by rash and negligent act, recklessness or negligence.
Mens rea is an age old concept. Even Indian criminal law has recognized the concept of mens rea, but in more specific and concrete manner rather than than original abstract form. Provisions of Indian Penal Code (IPC) uses terms like intention, knowledge, and negligence. Further terms like Voluntarily, wrongful gain, wrongful loss, dishonestly, fraudulently have been used. All these words represent the required state of the guilty mind or mens rea to be held guilty for an offence.
It is also worth noting, that IPC enumerates certain general exceptions. If a case is covered under general exceptions, the same cannot amount to an offence. Basically, these general exceptions denote circumstances under which the act is not accompanied with requisite mens rea.
(i) Intention
Although the term ‘Intention’ has not been defined, but an act is said to be intended, when the consequence of an act are foreseen as well as desired. Law also uses term ‘Voluntarily’. A person is said to cause an effect voluntarily when he causes it by means whereby he intended to cause it, or by means which at the time of employing those means he knows or had reason to believe to be likely to cause it.
Intention differs from motive. Motive is the ulterior design with which the act is committed while Intention is immediate. Motive may be good or bad, but it does not effect its illegality. Although good motive may be a mitigating factor in sentencing. Thus, a person committing theft of bread to feed his ailing child, is nonetheless guilty of theft, though his motive cannot be said to be improper in strict sense. Motive is not an element of crime.
(ii) Recklessness or Gross Negligence
Recklessness means that state of mind where the person does not desire the consequences but they are foreseable to person of ordinary prudence and despite this forseability, the person disregard their seriousness or capacity to cause injury.
For example, A points a gun, not knowing whether it is loaded or not, on to B and presses the trigger. Here, A may desire that the gun is unloaded and does not fire. But he has foresight of the possible injury. His pressing the trigger amounts to acting in total disregard of the same.
Thus, recklessness is a state of mind in which a person does not care about the consequences of his or her actions.
(iii) Knowledge
Knowledge is also part of the mens rea whenever any person does any act having knowledge of its consequences then it is called as an intentional act. Knowledge is awareness on the part of the person concerned indicating his mind. A person can be supposed to know when there is a direct appeal to his sense knowledge is an awareness of the consequences of the act.
Knowledge is essentially subjective. In various cases intention and knowledge merge into each other and mean the same thing. More or less an intention can be presumed from the knowledge. Knowledge and intention have a very thin difference. Knowledge in contrast of intention, signifies a state of mental realization in which the mind is a passive recipient of certain ideas in it, while intention connotes a conscious state of mind in which mental faculties are summoned into action for the deliberate, prior conceived and perceived consequences.
(iv) Negligence
Negligence means neglect or failure to exercise reasonable and proper care that the circumstances require to guard against any injury to persons generally or to specific individual. A person is negligent when he fails to exercise due care and caution while doing any lawful act.
The concept of reasonable care is not define anywhere, however the test of the reasonable care is depend on the view of prudent man. While performing any act the person must take care as a prudent man takes, that is called a reasonable care. Any person, who fails to take requisite care and caution, and causes injury to any person, he is said to have done a negligent act.
Generally, mens rea for a crime must take form of intention, knowledge or recklessness, but at times it may also be in form of negligence. Negligence is indeed, almost aberrant ground for criminal liability. But the law may provide for punishment of negligent acts also.
Law may also provide for punishment of offence sans mens rea. They are called strict liability offence.
ACTUS REUS
Actus reus is the physical element of a Crime. It is something more than a mere thought or intention. An act is, defined as an event subject to the control of the will. In other words, an act means something voluntarily done by human being, An act consists of following three parts –
a. Bodily activity or willed movement or omission.
b.Circumstances, in which it is done
c. Consequences that arise from it.
For example, if A shoots B to death with a rifle, the mental element of act are first is origin or primary stage, namely a serious of muscular contractions by which the rifle is raised and the trigger is pulled. Secondly the circumstances, the fact that the rifle is loaded and is in working order, and that the person killed is within range. Thirdly the consequences, the fall of the trigger, explosion of the power, the discharge of the bullet, striking of the body of the victim, resulting in his death. All these facts are implied in the statement A killed B and they constitute an act for which he will be criminally liable.
Result of Conduct
To constitute a crime, there must always be result brought about by human conduct, a physical event which the law prohibits. Once the desired act is accomplished, the acuts reus of crime is complete. How the contemplated event took place is not of much significance except for the purpose of fixing criminal liability. If the desired result is not achieved, the person is not responsible for the intended criminal act, which could not materialize. But if the act was sufficient in ordinary course to nature to bring about the intended result, which for some reason beyond the control of the person committing the act, he shall be liable for attempt.
Act or Omission prohibited by Law
To establish actus reus, it must be proved that the accused was responsible for a deed prohibited by criminal law. Only such acts that are prohibited or forbidden by law are crime. No crime is committed when a person exercises his lawful right, such as right of private defence. Similarly, omission is crime only when there is a legal duty to act. For example, if an onlooker who happens to be a good swimmer does not rescue a child about to be drowned in a pond he is not liable for any offence because there was no legal duty on his part to rescue a person. But where a parent omits to feed an infant, or provides necessary care, the same may amount to an offence.
PERSON
Person means entity recognised by law as capable of owning rights and being subject of duties. In order to constitute a crime, it is important for somebody to commit it. The law should always be able to pinpoint the person who is responsible for committing an offence. The term “person” is not limted only to a human being. It also includes legal persons such as a company and an association or body of persons.
INJURY
The last of the basic elements of crime is injury. There can be no crime if no person faces some kind of an injury. Injury means any harm caused to a person illegally either in mind, body, reputation or property. However, there can be some crimes which might not require injury to any person. For example, driving without a driving license is a crime even if it may not harm anybody.
