Actus Non Facit Reum Nisi Mens Sit Rea
Actus Non Facit Reum Nisi Mens Sit Rea
Meaning
Latin maxim:
👉 “The act does not make a person guilty unless the mind is also guilty.”
In simple words:
A person is criminally liable only when both:
Actus Reus (guilty act) → the wrongful deed, and
Mens Rea (guilty mind) → the wrongful intention/knowledge
co-exist.
Essentials
Physical Act (Actus Reus):
The external act or conduct forbidden by law (e.g., killing, stealing, damaging property).
Mental Element (Mens Rea):
The guilty intention, knowledge, negligence, or recklessness behind the act.
Concurrence of Both:
If there is only act but no guilty mind → No crime.
If there is guilty mind but no act → No crime.
Only when both combine, liability arises.
Illustrations
A accidentally picks up B’s umbrella thinking it is his own.
👉 No theft because intention (mens rea) is missing.
A intentionally takes B’s umbrella to permanently deprive him of it.
👉 Theft because both actus reus + mens rea exist.
Accidental killing in sleepwalking (somnambulism):
👉 No criminal liability since mens rea is absent.
Exceptions (Strict Liability Offences)
There are cases where mens rea is not required and only the actus reus is sufficient:
Public welfare offences – e.g., selling adulterated food, selling liquor without license.
Statutory offences – where legislature excludes mens rea.
Example: Offences under Prevention of Food Adulteration Act, Narcotic Drugs Act, Motor Vehicles Act.
Important Case Laws
R v. Prince (1875)
Accused took a girl believing she was above 18 but she was below.
Court held: Mens rea not required as statute intended strict liability.
State of Maharashtra v. Mayer Hans George (AIR 1965 SC 722)
Accused carried gold into India without declaration. He pleaded ignorance of law.
SC held: Mens rea not necessary for statutory economic offences.
Nathulal v. State of M.P. (AIR 1966 SC 43)
Accused obtained food-grain license but unintentionally violated conditions.
SC held: Since there was no dishonest intention, no offence was made out.
Summary Table
| Term | Meaning | Example |
|---|---|---|
| Actus Reus | Guilty Act (external act) | Killing a person |
| Mens Rea | Guilty Mind (intention/knowledge) | Intention to kill |
| Rule | Both must co-exist for crime | Murder, Theft |
| Exception | Strict Liability – Mens Rea not required | Adulterated food sale, traffic offences |
✅ In short: A crime = Actus Reus + Mens Rea (except in strict liability offences).
RELATED Blog
0 comments