Law and You > Criminal Laws > Bharatiya Nyaya Sanhita, 2023 > Concept Applications 0.1.2 Mens Rea, Actus Reus, Stages of Crime (2 Marks)
2 Marks Questions Based on Concepts of Mens Rea, Actus Reus, Stages of Crime
Q1. What is a crime?
Legally, a crime is an act made punishable by law.
Q2. What is meaning of the Latin maxim “Actus reus non facit reum nisi mens sit”?
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.
Q3. What is ‘actus reus’?
‘Actus reus’ is defined as a criminal activity that was the result of voluntarily bodily movement.
Q4. What are the elements of ‘actus reus’?
Elements of actus reus are conduct (voluntary act), omission (failure to act), circumstances, result (consequence) and causation.
Q5. What are principle ingredients of crime?
The principle elements of crime are human being, mens rea (guilty mind), actus reus (criminal act), prohibited act, injury to victim, punishment and relativity.
Q6. What are different stages of crime?
Different stages of crime are intention, preparation, attempt and accomplishment.
Difference between Crime & Sin:
| Crime | Sin |
| It is an action that is against the law or rule written and created by government body | Sin is a religious concept that is a violation of God’s will or an act done against some religious, spiritual or moral belief. |
| It is identified by the state | Sin is identified by God. |
| The punishment of crime is given in this world by the State | The punishment of sin is given after death by the God. |
| Every crime is a sin | Every sin is not a crime |
| It is something that is set by social codes of the country we live in, and if broken a penalty is to be paid. | Sin is a subjective term, and has no parameters to base exactly what it is. It is believed by religious people and ignored by others as a delusion. |
| Brief of crime is given in criminal statutes, penal code, CrPC, etc | Brief of sin is given in religious books. |
| For both believers and non-believers anti-social activities are crime. | For non-believers anti-social activities are not sin |
Difference between Intention and Motive:
| Intention | Motive |
| Intention refers to 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 criminal prosecution. |
Difference between Tort and Crime:
| Tort | Crime |
| Tort implies a wrongful act causing injury or harm for which recovery is sought by the aggrieved party as per civil law, from the person who is responsible for the act. | Crime refers to an offence or wrong or illegal act for which the person conducting it, will be punished under the court of law. |
| A tort is a wrong doing that goes against an individual, | It affects the social order of the community we live in. |
| The intent of a tort can be unintentional, it may be accidental and caused by negligence. | It is an intentional wrong for obtaining wrongful gain. |
| The defendant will be sued in civil court. | The defendant will be prosecuted in criminal court. |
| On being liable the defendant has to pay damages/compensation decided by the court. | On being guilty of the offence, the defendant will be sentenced. |
| Burden of proof lies on the plaintiff. | Burden of proof lies on the prosecution. |
| There is an infringement of individual rights. | There is a violation of public rights. |
| Law of tort is not codified. | Law of crime is codified |
| Aim of law of tort is to protects the rights of a person. | Aim of law of crime is to maintain law and order in society and prevention of crime and punish the wrongdoer. |
Difference between Civil Law and Criminal Law:
| Civil Law | Criminal Law |
| Civil law deals with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim. | Criminal law is the body of law that deals with crime and the legal punishment of criminal offenses. |
| Civil Law is initiated by the aggrieved individual or organisation or also known as ‘plaintiff.’ | The Government files the petition in case of criminal law as the offence is considered against the society. |
| The burden of proof lies on the plaintiff. One must produce evidence beyond the balance of probabilities. | Burden of proof is always on the prosecution. Proof should be beyond reasonable doubt. |
| In case of Civil Law, to start a case, the aggrieved party needs to file a case in the Court or Tribunal | As per Criminal Law, to start a case, a petition cannot be filed directly in a court, rather the complaint should be first registered with the police, and the crime needs to be investigated by the Police. Thereafter a case can be filed in the court. |
| Civil litigation usually involves some type of compensation for injuries or damages as well as disposition of property and other disputes. | A guilty defendant is punished by incarceration and/or fines, or in exceptional cases, the death penalty. |
| The objective of Civil Law is to protect the rights of an individual or organisation. | The purpose of Criminal Law is to punish the wrongdoers and protect society, maintain law and order. |
| In the case of Civil Law, the power of the court is to pass judgement or injunction to compensate for damages caused to the aggrieved party. | In the case of Criminal Law, the powers of the court are to give punishment as prescribed by the law. |
| In Civil Law cases, the defendant is considered to be either liable or not liable. | In Criminal Law parlance, the defendant is considered either guilty or not guilty by the court. |
| Examples: Divorce, breach of contract, property disputes, etc. | Examples: Murder, robbery, fraud |
Difference between Civil Wrong and Criminal Wrong:
| Civil Wrong | Criminal Wrong |
| A civil wrong (or tort) is an act that causes harm or loss to another individual or entity, leading to legal liability. | A criminal wrong is an act that violates laws set by the government and is punishable by the state. |
| Civil wrong is infringement of private or civil rights to individual in which only victim suffers but not the society as a whole. | Criminal wrong is a breach of public rights and duties, which not only affects victim but also the society at large, |
| In civil wrong, the aim of justice is to compensate the victim for damages and restore them to their original position. | In criminal wrong, the aim of justice is to maintain public order and safety. |
| In civil wrong, the plaintiff must prove the case “preponderance of the evidence,” meaning it is more likely than not that the wrongdoing occurred. | In criminal wrong, the prosecution must prove the defendant’s guilt “beyond a reasonable doubt.” |
| In civil wrong, remedies typically involve monetary compensation or injunctions rather than criminal penalties. | In criminal wrong, penalties can include imprisonment, fines, community service, or probation. |
| In civil wrong, the individual or entity harmed (plaintiff) sues the alleged wrongdoer (defendant). | In criminal wrong, the government (prosecution) brings the case against the accused (defendant). |
| Examples: Trespass, nuisance, etc. | Examples: Theft, murder, robbery, etc. |
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