Doctrine of LATIN MAXIM “actus non facit reum nisi mens sit rea”
The doctrine of LATIN MAXIM “actus non facit reum nisi mens sit rea”
The fundamental reason for having a system of Criminal Law is to provide a framework for the punishment of wrongdoers by the state and thereby to preserve an acceptable degree of social order.
For an act to attract liability, the fundamental principle is that there must be Wrongful act(actus reus) combined with a wrongful intention(mens rea). This principle reflected in the Latin maxim “actus non facit reum nisi mens sit rea”. The maxim translates to mean an act does not make one guilty unless the mind is also legally blameworthy.
In other words, for an act to be termed a crime it must be accompanied with the necessary mental element which would give a criminal due to the act. Unless this mental element is present, no act is usually criminal in nature.
“mens rea” or the mental element of an offence has earlier been seen of any as an essential element of any offence. Offences under the IPC are qualified with the terms that indicate they require a mental element or a state of mind to be determined before a person can be said to have committed that offence. These words include “dishonesty”, “fraudulently”, "a reason to believe”,, “voluntarily”, “maliciously”.
In katar Sigh vs the State of Punjab, 1994(3) SCC 569, the Supreme Court held that the element of “mens rea” must be read into statutory penal provision unless a statute either expressly or by necessary implication rules out.
