0Meaning of Criminal Law
Criminal Law is the law that relates to crime. These laws are made with punishment as its bearer torch to prohibit and prevent citizens of the society to take to wild and unsocial behaviour or conduct. This is to ensure the safety of citizens in the country. Criminal law, also known as Penal law, has in it, rules of punishment which are to be given for different crimes such as charging, trying, sentencing and imprisoning criminals. It regulates how suspects are investigated, charged and tried. Many laws are enforced by the threat of criminal punishment. Following are some of the more known aspects of the criminal law.
Actus Reus
In Juristic concept, actus reus represents the physical aspect of the crime. How the crime affected the victim physically and what was his conduct at that particular time is included in this. This concept may be applied with consideration of place, fact, time, person, consent the state of mind of victim, possession or even mere preparation.
Illustration: ‘A’ firing a gun to kill ‘B’. The situation here is that A fires and the bullet leave the gun. But to consider an actus reus in this matter, it is not the intention that will be rewarded but that the bullet should touch or enter B’s body and should hurt him or cause his death.
Mens Rea
Men's rea means the fact that mind accepts that you have committed a sin and it was wrong. This concept relates to the mental condition of the guilty. This concept is applied only when a person does something wrong, knowingly and voluntarily, which is forbidden by law. What was his mental condition while committing a crime, whether he was voluntarily committing the crime or was forced by circumstances or any person is looked upon in this matter. The underlying principle of the doctrine of men's rea is expressed in the Latin maxim actus non-fact reum, nisi men sit rea- the act does not make one guilty unless the mind is also guilty.
Illustration 1 A incidentally slipped and fell and unknowingly pulled B along with him which lead B to fall and he hit his head against the wall which caused head injuries, and he was declared dead due to them. Is ‘A’ guilty of murder? No, A is not guilty of murder. Though he fulfils the concept of actus reus by causing the death of B, he did not intentionally do it. Hence the cause to commit this does not exist. So he cannot be claimed guilty of the murder.
Illustration 2 A, unknowingly puts on shoes of B, considering them to be his, should A be considered a thief? No, because though he commits the crime of taking away the shoes without the consent of B, but he did not do it intentionally. He had no intention of taking away the shoes of B. Mens rea is a universally accepted principle, but it has its own extent till where is can be applied. Some laws such as Essential Commodities Act 1955, Factories Act 1948, Prevention of Food Adulteration Act 1954 etc. completely ignore the presence of this law. Exceptions Provided Under Chapter IV General Categories Mistake of Fact Section 76 of the IPC i. e. the Indian Penal Code which gives liberation to a person for any mistake committed as a fact and not under law.
Illustration 1 ‘A’, a soldier starts firing on a mob of people on the order of his superior officer. He is now, not guilty as he did so as per the commands of the law. ‘A’, an officer of a court or justice was ordered to arrest Y but believing Z for being Y, he arrested Z after much enquiry. Is he guilty?
Practice Question:
Legal Principle An act cannot be considered as a mistake if a person does that believing that he is to do that by law, and it is not by the mistake of law but the mistake of fact. Factual Situation ‘A’, an officer of a court or justice was ordered to arrest Y but believing Z to be Y, he arrested Z after much enquiry. Is he guilty?
1. A has committed no offence.
2. A has committed offence.
3. A has committed an offence of arresting ‘Z’ by misrepresenting ‘Y.’
4. A has committed no offence because being ordered by the court.
Correct Answer is 1.
