Law and You > Criminal Laws > Bharatiya Nyaya Sanhita, 2023 > Short Notes on Nature of Crime
Multiple Choice Questions:
Q1. The term ‘mens rea’ is defined as:
(a) A criminal act
(b) Knowingly
(c) A guilty mind
(d) Mental culpability
Q2. The term ‘actus reus’ is defined as:
(a) A criminal act
(b) knowingly
(c) A guilty mind
(d) Mental culpability
Q3. The essential ingredients of a crime are
(a) motive, mens rea and actus reus
(b) motive, intention and knowledge
(c) mens rea and actus reus
(d) knowledge, intention and action
Ans:
| 1. | (c) | 2. | (a) | 3. | (c) |
Write Short Notes on the Following (5/6 Marks)
a) Guilty Mind (Mens Rea):
‘Mens rea’ is an important essential elements of crime. It is also known as ‘evil intent’. A Latin maxim “Actus reus non facit reum nisi mens sit” means the act itself does not constitute guilt unless done with a guilty intent.
The principle of mens rea ensures that only those who act with a blameworthy state of mind are punished. It reflects the idea that criminal liability should depend not just on actions, but also on the intention behind those actions. Courts often look into the accused’s state of mind at the time of the offense to determine whether mens rea was present.
There are different levels or types of mens rea. Intention is the highest level, where a person deliberately aims to bring about a particular result. Knowledge refers to awareness that certain consequences are likely to occur. Recklessness involves consciously taking an unjustified risk, while negligence occurs when a person fails to exercise reasonable care, leading to harm.
Mens rea plays a crucial role in distinguishing between different crimes and determining their severity. For example, intentional harm is punished more severely than harm caused by negligence. It also helps differentiate between similar acts that may have different legal consequences based on the mental state of the accused.
However, there are exceptions known as strict liability offenses, where mens rea is not required. These are usually minor offenses related to public safety, such as traffic violations or regulatory breaches.
In United States v. Currans 290, F. 2 d 751 (3 rd Cir. 1961) case, Biggs, Chief Justice observed: “The Concept of Mens Rea, guilty mind, is based on the assumption that a person has the capacity to control his behaviour and to choose between alternative courses of conduct. This assumption, though not unquestioned by theologians, philosophers, and scientists, is necessary to maintain and administration of social controls. It is only through this assumption that society has found it possible to impose duties and create liabilities designed to safeguard persons and property… Essentially these duties are intended to operate upon the human capacity for choice and control of conduct so as to inhibit and deter socially harmful conduct. When person possessing capacity for choice and control, nevertheless breaches a duty of this type he is subjected to the sanctions of criminal law.”
b) Act (actus reus):
‘Actus Reus’ is also an important essential element of crime. It is the Latin term used to describe a criminal activity and is defined as a criminal activity that was the result of voluntarily bodily movement. This describes a physical Activity that harms another person or damages property. Only a human being and evil intent are not enough to constitute a crime because you can’t know the intentions of a man. The only intent of a person is not punishable. Intention or mens-rea alone shall not constitute a crime unless it is followed by some external or overt act which is forbidden by some prevailing law.
Actus reus includes not only positive actions (such as hitting someone or stealing property) but also, in certain circumstances, omissions (failures to act). An omission becomes punishable when there is a legal duty to act. For example, a police officer may have a duty to act to prevent an assault and if he does not, he will be liable to be punished under the law.
The elements of actus reus typically include three components: conduct, circumstances, and result. Conduct refers to the voluntary action of the accused. Circumstances are the surrounding facts that make the act unlawful, such as entering someone’s house without permission. The result refers to the consequence of the act, such as injury or damage.
Causation is another important aspect. The prosecution must establish a clear link between the accused’s act and the harm caused. This involves proving that the act was both the factual cause (“but for” test) and the legal cause (proximate cause) of the result.
Thus, actus reus forms the foundation of criminal liability by focusing on the physical element of a crime. When combined with mens rea, it ensures that a person is only punished when both the wrongful act and a guilty mind are present, thereby promoting fairness and justice in the legal system.
c) Ingredients of Crime:
Human Being:
The first essential element of the crime is a ‘Human being’. It requires an act to be a crime, it is necessary that the act must be committed by a human being. If an animal causes injury, the animal is not liable for that act but its owner is liable for it.
Guilty Mind (Mens Rea):
‘Mens rea’ is the second and important essential elements of crime. It is also known as ‘evil intent’. A Latin maxim “Actus reus non facit reum nisi mens sit” means the act itself does not constitute guilt unless done with a guilty intent.
Act (actus reus):
‘Actus Reus’ is the third and important essential element of crime. It is the Latin term used to describe a criminal activity and is defined as a criminal activity that was the result of voluntarily bodily movement. This describes a physical Activity that harms another person or damages property.
Injury to Victim of Crime:
The fourth essential element of crime is the ‘Injury’ to another person or to society at large. Such injury must be illegally caused to a person. To constitute a crime, there must always be result brought about human conduct, a physical event which the law prohibits.
Prohibited Act:
An offence when committed, ought to have been prohibited under some prevailing law unless specifically mentioned. It is a general rule of criminal law that no offence can be punished retrospectively if the said act did not constitute an offence at the time the said act was committed.
Punishment:
The act in order to constitute a crime should not only be prohibited by the law but should also be punishable by the State. The punishment is usually set out in terms of a maximum and the actual punishment in any particular case is left to the discretion of the judge.
Understanding the components of crime also aids in proper legal interpretation and application. Together, they uphold the principle that punishment should only be imposed when both the physical act and mental intent are proven beyond reasonable doubt.
d) Stages of Crime:
If a person commits a crime voluntarily or after premeditation, the doing of it involves four stages. The Stages in the Commission of Crime are:-
- Intention
- Preparation
- Attempt
- Accomplishment.
Intention:
The intention is the first stage in the commission of an offence and known as a mental stage. Criminal intent is the conscious decision someone makes to deliberately engage in an unlawful or negligent act or to harm someone else. For example, in the case of murder, the intention is to cause death.
Preparation:
‘Preparation’ is the second stage in the commission of a crime. It means arranged means and measures necessary for the commission of a crime. Generally, it is not punishable because it is impossible to show that preparation was directed towards the wrongful end or was done with evil intent or mind.
Attempt:
The ‘Attempt’ is the third stage in the commission of a crime. It is also known as a ‘Preliminary Crime’. The term ‘Attempt’ means “the direct movement towards the commission of a crime after necessary preparation has been made.” An attempt is made punishable because every attempt; although it falls short of success, must create alarm, which itself is an injury.
Accomplishment:
This is the final stage of a crime. Generally, most of the crimes are punishable only after the crime has been committed. If the accused commits an attempt to commit the crime and such attempt succeeds, he will be liable for the offence. If such an attempt is unsuccessful, he will be liable for the attempt to commit the offence.
Mere intention to commit a crime except for some exceptions is not punishable. To make a person liable for an attempt to commit an offence the Court has been at a point to make a distinction between “attempt” which is punishable and preparation” which except for in some exceptional cases is not as much punishable because the theory is that a person can always change his mind and not proceed beyond the stage of preparation. Accomplishment or commission of a crime is always punishable under IPC.
e) Exemption from Criminal Liability:
Following entities are exempted from criminal proceedings:
President and Governors:
The President and Governors are exempt from the jurisdiction of courts in India under Article 361 of the Constitution. No criminal proceedings whatsoever shall be instituted or continued and no process for arrest or imprisonment shall issue against these high dignitaries of the States.
Foreign Sovereigns:
A foreign sovereign (A person possessing supreme or ultimate power like monarch or supreme leader) is exempt from the jurisdiction of local courts. This protection will extend to foreign Heads of State as well.
Foreign Ambassadors and Other Diplomatic Representatives:
The immunity of an ambassador (an accredited diplomat sent by a state as its permanent representative in a foreign country) and diplomats (officials representing their country abroad) from the jurisdiction of the courts of the country to which he is accredited is based upon his being representative of the independent Sovereign or State which sends him upon the faith and should enjoy similar to the sovereign of that country.
Alien Enemies:
With respect to acts of war, alien enemies cannot be tried by criminal courts. It has been held that ‘aliens’ who in a hostile manner invade our country, whether their nation is at war or peace with ours shall be dealt with by Martial Law. If an alien enemy commits a crime unconnected with war, e.g. theft, he would be triable in Criminal Courts.
Foreign Army:
Armies of a State are exempted from the jurisdiction of the State on whose soil they are when they are on the soil of that foreign State by the consent of their State.
Warships:
The men on warships lying in foreign waters are exempt from the jurisdiction of the State within whose territorial jurisdiction they are. This immunity is based on the principle that the Territorial State which admits to its territory an armed force or warship of a friendly foreign power undertake not to exercise any jurisdiction over such force or its ship which would be inconsistent with its existence as an efficient force.
No Privileges to Members of Legislative Bodies:
In Justice Ripusudam Dayal (Retd.) v. State of MP, AIR 2014 SC 1335 case, the Court held that no privilege is available to the Legislative Assembly to give immunity to them against the operation of laws.
f) Intention and Motive of a Crime:
Criminal intent (intention) refers to the mental state of mind possessed by a defendant in committing a crime. While the motive is usually used in connection with the Criminal Law to explain why a person acted or refused to act in a certain way.
If ‘X’ has an insurance policy of Rs. 20 lakh and ‘Y’ is the beneficiary of the policy in case of death of ‘X’. ‘Y’ plans a murder of ‘X’ so that he would get the insurance amount. He plans his crime so that it looks like an accident. In this case, the intention of ‘Y’ is to murder ‘X’, while his motive is to get the insured amount after the death of ‘X’.
‘A’ is so poor that she is not able to feed her child. She plans to commit a theft and to use money obtained from it to feed her child. In this case, the intention is to steal but the motive is to feed her child.
A defendant’s motive is important in police investigation and sentencing. Law enforcement personnel often consider potential motives in detecting perpetrators. Judges may consider the motives of a convicted defendant at sentencing and either increase a sentence based on avaricious motives or decrease the sentence if the defendant’s motives were honourable.
Distinction Between Intention and Motive:
| INTENTION | MOTIVE |
| Intention refers to a purposeful action and a conscious decision to perform an act, which is forbidden by law. | Motive alludes to the ulterior cause, which induces a person to do or abstain from doing a particular act. |
| It is the objective of the act | It is the driving force for the act |
| It is expressed | It is implied |
| It is substantial to determine criminal liability. | It is insubstantial to determine criminal liability. |
| With few exceptions the prosecution in a criminal case must prove that the defendant intended to commit the illegal act. | Proof of motive is not required in a criminal prosecution. |
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