Shruti Patel, B.B.A LL.B (Hons), School of Law, Alliance University, Bangalore
INTRODUCTION:
In legal Language, mens rea is “the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the accused’s action or conduct,” while actus reus means “activity or conduct that is a constituent element of a crime, as opposed to the accused’s mental state.”
That is, in order to meet the definition of a completed crime, two key elements must be met:
There is a mental element, which is the purpose to do the crime, and a physical element, which is the act of performing the crime. However, attempting to commit an offence requires both mens rea and actus reus, but it never ends in complete execution of the crime.
In Criminal law, an effort means that an accused devised a plan to commit a crime but failed to carry it out.
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