CONCURRENCE OF ACTUS REUS AND MENS REA: A DESCRIPTIVE ANALYSIS

AUTHOR – AKSHAJ GARG, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY), PUNE LAVASA CAMPUS

BEST CITATION – AKSHAJ GARG, CONCURRENCE OF ACTUS REUS AND MENS REA: A DESCRIPTIVE ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1312-1318, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This paper provides a comprehensive analysis of the concurrence of Actus Reus and Mens Rea, two fundamental components in the establishment of criminal liability. These Latin terms, translating to “guilty act” and “guilty mind” respectively, form the cornerstone of criminal law, ensuring that a person is only held criminally responsible when both the wrongful act and the culpable mental state are present. The principle of concurrence, which requires that Actus Reus and Mens Rea coincide, is essential for a fair and just legal system, preventing convictions based merely on actions without the necessary criminal intent. The paper delves into the nature of Actus Reus, exploring how it constitutes the physical element of a crime, whether through a positive action or a failure to act when legally required. It emphasizes the necessity for voluntariness in these acts, noting that involuntary actions do not meet the threshold for Actus Reus and therefore cannot attract criminal liability. On the other hand, Mens Rea is examined in the context of the mental state that accompanies the wrongful act, including various levels of culpability such as intention, knowledge, recklessness, and negligence. The paper highlights how the degree of Mens Rea directly impacts the severity of the punishment, with intentional acts typically incurring more severe penalties compared to those committed recklessly or negligently. Additionally, the paper addresses the defences of mistake of fact and mistake of law, elucidating how these defences interact with the concept of Mens Rea. While a mistake of fact can sometimes absolve a defendant from liability under certain circumstances, a mistake of law generally does not provide such a defence. Overall, this paper emphasizes the critical interplay between Actus Reus and Mens Rea in the legal determination of criminal liability. By ensuring that both a guilty act and a guilty mind are present, the concurrence principle upholds the fairness and moral integrity of the criminal justice system, reserving punishment for those who engage in wrongful acts with criminal intent.