Vanshika Chaudhary, University School of Law and Legal Studies, GGSIPU
ABSTRACT
The purpose of this paper is to provide a comprehensive analysis of the Latin maxim ‘Actus Non Facit Reum Nisi Mens Sit Rea’ which is a fundamental principle in criminal law. It states the requirement to hold an individual criminally liable, which is the concurrence of an unlawful act (actus reus) and a guilty mind (mens rea). The maxim means that an act does not make a person guilty of committing a criminal offence unless his mind is also guilty.
The paper outlines the origin of this maxim along with its historical development. It also delineates the evolution of the maxim in Common Law tracing various stages of its development from early Common Law to modern criminal law. It also discusses the development of mens rea, along with exploring different levels of mens rea.
It also elucidates the dual requirement for establishing criminal liability which is the concurrence of actus reus and mens rea. Actus Reus is a wrongful act or omission or a series of wrongful acts or omissions on part of the accused. Mens Rea is the state of mind, of the accused, while committing an offence. Under the maxim ‘Actus Non Facit Reum Nisi Mens Sit Rea’, an individual can be held liable only if he committed the unlawful act with a guilty state of mind.
The paper also provides the exceptions to the maxim i.e., the cases where it is not essential to establish mens rea and a person can be made liable even if he had no intention of committing the unlawful act.
This paper also critically examines several case laws to provide valuable insights into the practical application of this maxim by courts. Examining relevant case laws, related to the maxim, also provides insights into the interpretation and application of the maxim in legal systems across various jurisdictions.
Keywords: Actus Reus, Mens Rea, Common Law, Indian Penal Code, Criminal Liability
コメント