Author: Utkarsh Raj, NMIMS, Chandigarh
Introduction
Law has so many branches and there are hundreds of laws prevailing for persons, but the law which is closely connected to daily to daily life of people is Criminal Law. Several peoples have given several definitions of crime but none of them succeed thoroughly that what exactly amounts to crime. In very simple words we can define crime as any such act which is prohibited by penal law of any country or territory. For example if polygamy is prohibited in country A and it is allowed in country B then professing polygamy will be seen as a crime in Country A only and not in country B, reason being there is not any universal code of crime that covers the world under one umbrella that is why we see crime by the eyes of penal laws of the place where thae act is being committed.
Indian Penal Code – A brief history
By the virtue of section 53 of the government of India act, 1833 the Governor – General Of India in council appointed the “the Indian Law Commissioners” in 1834 to inquire into the ten existing state of the law and to suggest a way forward. Hence, in 1834 the First Law Commission of India was constituted with Lord Macauley as its president. The commission submitted a draft code on 14 october 1837. In 1845 the second law commission was constituted. It finally received the assent of the Governor General in council on 6th October 1860 and the Indian Penal Code (act XLV of 1860) came into force on 1 January 1862.
Constituent elements of crime
Crime through the words of IPC has to go through some essential elements starting with the very basic thing that there must be a wrongful act that we called ACTUS REUS, and that wrongful act should be done with wrongful intention that we called MENS REA. These both should be there to constitute any act as a criminal act for instance A mere criminal intention without any wrongful and prohibit act does not constitute crime and similarly any act becomes a criminal act only when the act has been done with a guilty/criminal mind.
Actus Reus
Basic element for Actus Reus to be committed that there must be an act.It has been defined as “such result of human conduct as the law seeks to prevent” which means that Actus Reus is any act which is prohibited by law, so as it is prohibited by law the law always seeks such act to be prevented. It has both negative as well as positive aspects. It is also termed as physical result of human conduct meaning that due to any of the human conduct the person has suffered physical harm. For example – If A is punching B on nose and as a result he died, the punch on nose will be considered as Actus Reus. So the law will punish A to further prevent the happening of such crimes.
Omission in some cases can also be an essential element for Actus Reus as if someone has the Legal duty to perform and the person is not performing his duties as decided by law and it resulted in the harm of other person towards whom he/she had a Legal duty then it will be termed as Actus Reus. For example – A government doctor on duty is not treating an emergency patient and he died of pain, here non treatment of patient will be the Actus Reus.
Causation is an another important element of Actus Reus it states that the activity of accused person must directly result in adverse repercussions or illegal outcomes linked with charge. For example A is throwing stone on a running car and due to that the driver lose his control and hits a person crossing the road here the root cause behind that accident is the stone that was thrown by A so here the throwing a stone on car will be considered as an Actus Reus and A will be liable
Possession is one more element of Actus Reus it means that the control over the thing which is prohibited by law. For example – A is holding a bag of drugs and with the knowledge that what is under bag, here holding a bag will amount to Actus Reus
Mens Rea
It is a very technical term. In easiest words it is termed a guilty mind of state. The doctrine of mens rea is explained through this Legal maxim – “maxim actus non facit reum nisi mens sit rea” it means that the act does not make one guilty unless he mind is also guilty. It generally require some element of wrongful intent or other fault.
The fact that mens rea has been made central to criminal liability is because the law believe that every person has the capacity to choose between right and wrong so with having all the rationality a person still chooses to do something wrong then he has to take the responsibility for the same. For example – A person punching on the nose of someone with the intention to kill him, here the intention to kill him will be considered as Mens Rea.
The objective of law is always to punish a person with guilty mind. It does not want to put a man behind bars just because of the fact he by misfortune, found being involved in any incident and event which he never intended to. For example – A person just fell down from the stairs and accidently fell upon other person and due to that he suffered injury here there is no mens rea present as the act was not intentional but accidental in nature.
Recklessness is also one of the elements of Mens Rea as if A person is deliberately taking risks despite the knowledge of the fact that it may result in harm or any kind of criminal offence. For example If a person is driving above the prescribed limit by the government in the college road area and he is fully aware of the fact that this may cause damage to any student despite the awareness of this fact he continues to drive at higher speed and that resulted in accident of a college student, here his driving in high speed than prescribed will be considered as Mens Rea.
Mens Rea can also be proved when a person is aware that he is doing an illegal character of his actions even if the person does not intended to do any harm. For example If A is selling drugs on the road without the intention of causing health issues to any person he still will be liable as selling drugs is illegal by law.
Conclusion
In conclusion, it is very essential to understand the basics of mens rea and actus reus to grasp the fundamentals of criminal law. Mens Rea is referred as the guilty mind or intent of a person whereas the Actus Reus is considered to be the any physical act which is prohibited by Law. The both elements must be present to constitute a crime this dual intent ensures that a individual is punished only when he has done something wrong with the wrong intention not in the case of accidents or misfortunes. So by upholding these two elements the Legal system makes a balance between accidental actions and intentional wrongdoings.
FAQS
1. What are the essential elements required to constitute a crime?
A crime consists of two essential elements: Actus Reus and Mens Rea.
Actus Reus refers to the wrongful act or omission prohibited by law.
Mens Rea refers to the guilty mind or intent behind committing the wrongful act.
Both elements must be present for an act to be considered a crime under criminal law.
2. Can a person be punished if they did not intend to commit a crime?
No, a person cannot be punished solely for an accident or misfortune. Mens Rea is a necessary element of a crime, meaning there must be an intention, knowledge, or recklessness leading to the wrongful act. However, some strict liability offenses do not require Mens Rea, such as certain traffic violations and drug possession cases.
3. What is the significance of Actus Reus in criminal law?
Actus Reus is the physical act or unlawful omission that results in a crime. It ensures that criminal liability is based on an actual wrongful act, not just mere thoughts. Additionally, in some cases, failure to act (omission) when there is a legal duty to do so can also constitute Actus Reus, such as a doctor refusing emergency treatment.
4. How does recklessness contribute to criminal liability?
Recklessness is a form of Mens Rea where a person knowingly takes an unjustifiable risk that could lead to harm. If someone engages in risky behavior despite knowing the potential consequences, they can be held criminally liable. For example, driving at high speed in a school zone despite knowing the risks can be considered reckless behavior.
5. What is the historical background of the Indian Penal Code (IPC)?
The Indian Penal Code (IPC) was drafted in 1837 by the First Law Commission of India, led by Lord Macaulay. It was later revised by the Second Law Commission and enacted as Act XLV of 1860, coming into force on January 1, 1862. The IPC serves as the primary criminal law framework in India, defining various offenses and their punishments.
Books
Criminal Law by K I VIBHUTE 13th edition
Criminal Law Cases and materials by KD GAUR 9TH edition
Textbook On Indian Penal Code 7th edition by KD GAUR
Cases:
R v Ireland; Burstow [1998] AC 147 (HL)
R v Dytham [1979] QB 722
R v White [1910] 2 KB 124
Warner v Metropolitan Police Commissioner [1969] 2 AC 256
R v Mohan [1976] QB 1
Sweet v Parsley [1970] AC 132
