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A crime is a moral wrong that is perpetrated against the entire society. It disrupts the calm, and some crimes can provoke mass panic. Every crime has four main components: a person (expressed by the words “whoever,” “person,” or “man”), intention to harm (mens rea or guilty mind), a willed act (or omission), or the results of a willed act or omission (actus reus). And Injury. In this article, we will learn about mens rea and actus reus.
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Mens Rea
Mens rea is a Latin word that translates to “guilty mind.” Mens rea is the essential distinguishing feature, emphasizing the importance of the accused person’s state of mind at the time of the offense.
It’s worth remembering that no conduct is unlawful unless a mens rea accompanies it. The common law maxim “actus non facit reum nisi mens sit rea,” which translates to “the act is not guilty until the mind is guilty,” defines mens rea the best. The accused cannot be held accountable under the criminal law unless he can be proved to have acted with intent to commit a crime.
The burden of proving the presence of mens rea falls on the plaintiff, and the purpose of the defense is to raise a reasonable doubt in the mind of the judge or jury because the principles of justice mandate that an individual cannot be convicted unless the charge against him/her can be established beyond a reasonable doubt.
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Relation between Degree of Mens Rea and Punishment of Crime
Mens rea is a culpable state of mind characterized by intention or purpose, as well as knowledge of the consequences. The degree of mens rea refers to the level of mental presence in the crime and is directly related to the level of responsibility. The greater the degree of mens rea in a crime, the harsher the punishment.
For example, intentionally killing a human being, which would constitute the crime of murder, would result in the most severe punishment under the law due to the highest degree of mens rea associated with it; on the other hand, if a person accidentally hits someone and that person dies, he would not be liable for any crime in the absence of mens rea.
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Actus Reus
The Latin term ‘actus reus’ implies ‘guilty act.’ The physical component of a crime is known as actus reus. In most cases, the accused must have done or failed to do something that caused injury to the plaintiff or victim. There can be no offense and no lawsuit for damages without a criminal act. According to Kenny, “actus reus is an outcome of human activity that the law aims to prevent.”
According to section 32 of the Indian Penal Code, actus reus can also refer to the failure to perform any act or omission that the accused is aware he is obligated to execute by duty or law. The phrase ‘act’ refers to both a single act and a series of acts, while the term ‘omission’ refers to both a single omission and a series of omissions.
According to Section 39 of the Indian Penal Code, actus reus must be voluntary. This is based on “actus me invito factus non est mens actus,” which, according to common law, signifies “an act done against my will is not my act at all.” if the impact of a person’s acts is a likely consequence of the means, he is presumed to have freely induced that effect, whether or not he intended to do so.
Mens rea vs Actus reus
There is not much difference between the mens rea and actus reus as these both are the essential factors of establishing a crime. The only difference between the two is that mens rea is a mental element and actus reus is a physical element.
In most criminal offenses, the mens rea occurs before actus reus as the person should have an intention or knowledge of what will result from his actions.
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Mens Rea and Actus reus combination
An act by itself does not constitute a crime; rather, the person’s intent and the act itself, if it is forbidden, combine to produce the crime. On some occasions, the case’s circumstances are also taken into account. For example, if person ‘A’ is angry with person’ B’ and in a moment of weakness wishes to kill person ‘B’ but later does not act on it, mere intention to kill someone does not amount to a crime. Similarly, suppose a person by mistake enters the property of another person without any intention to cause injury or damage to the latter person. In that case, that person can not be held liable as he had no intention to commit the crime.
Conclusion
Mens rea and actus reus are two fundamental elements of criminal law applied in most countries. Mens rea refers to a mental condition in which a person intentionally breaks the law. As a result, mens rea denotes the intention to commit the illegal act. An act must be conducted with a guilty conscience to be considered a crime. We can say that mens rea means “guilty mind.” On the other hand, the actus reus means “guilty act.” It is a requirement in showing that a criminal act was performed. Certain standards must be observed while dealing with any crime, and the accused person is given “the benefit of the doubt.” The prosecution has the burden of proving his or her guilt beyond a reasonable doubt.
