IPC Page 3
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 embodiedin the maxim,
actus non facit reum nisi mens sit rea. Meaning an act does not make one guilty unless the mind is also legally blameworthy. Actus Reus:
Comprises the following:1.
Human Conduct or an Activity.2.
The Result of the Act Prohibition by Law.
: A shoots at B using a rifle intentionally and B dies.
A physical act that attracts criminal sanctions.
, sometimes called the external element or the objective element of a crime, isthe Latin term for the "guilty act". Which, when proved beyond a reasonable doubt incombination with the mens rea,.
Result but not prohibition by law (than no crime) i.e. Solders kills theenemy.
No act per se (itself) is criminal, the act becomes a crime only when it isdone with a guilt mind. The jurist determines the Mens Rea.
", produces criminal liability in the common law-based criminal law jurisdictions.
A blacksmith is seized by a gang of robbers and he forced to break thedoors of a house for robbery to enter, and the robbers committed a robber y.
Whether the Act is voluntary or not.
Whether the accused have foresight of the consequences.
If there would be two
in the above citation then only it becomescrimes.
A while shooting at a tiger kills B, who was behind the bush , cancelled(hidden) from his view.