The Elements of crime in Forensic science
- 1. Elements of crime By, Taniya Rangari* & Labhini Rahangdale* Assistant Professor Karunya Institute of Technology and Sciences
- 2. Elements of crime 1.Mens Rea 2.Actus Reus The four stages in commission of a crime of an offence – 1. Intention 2. Preparation 3. Attempt 4. Actual commission of the offence
- 3. Elements of crime Definition of Mens-rea - Mens-rea means "An intention to do a forbidden act.“ ➤ The term "Mens-rea" is not defined in the Indian Penal code It is defined as the mental element necessary to constitute criminal liability. According to Samshul Huda, an eminent jurist, "The very corner-stone of criminal jurisprudence is the Mens-rea." ➤ It is expressed in Latin Maxim "actus non facit reum nisi mens sit rea" as a fundamental principle for penal liability. The Maxim means "the act itself does not constitute guilt unless done with a guilty mind"
- 4. # A person to be held guilty of a crime, it is necessary that he had an intention to do it. # Similarly, a person to be held guilty of theft, it should be established that he had an intention to steal. # No act of the person is punishable in the absence of mens-rea. INTENTION RECKLESNESS NEGLIGENCE
- 5. What is a Intention? Intention means the purpose or desire with which an act is done. To intent is to have in mind a fixed purpose to produce a particular result. Intention = Foreknowledge + Desire
- 6. Criminal behavior is typically associated with malicious intent. In other words, a crime is not committed unless there is a deliberate intention to cause harm or break the law.
- 7. What is Negligence? Negligence is not taking care, where there is a duty to take care. Negligence or carelessness indicates a state of mind, viz., absence of a desire to cause a particular consequences. In criminal law the negligent conduct amounts to mens-rea.
- 8. What is Recklessness? Recklessness occurs when the actor does not desire the consequences, but foresees the possibility and consciously takes the risk. It is classed with intention for all legal purposes.
- 9. MENS REA RELATED TO GENERAL EXCEPTIONS Mens Rea related to accidents Accident in doing a lawful act. (sec-80) The act was done by misfortune or accident. It was done without any criminal intention, In a lawful manner and lawful means, With proper care and caution.
- 10. Mens Rea relating to minor Child above 7yrs but below below 12yrs of immature understanding. (sec-83) The Child has not attained sufficient maturity of understanding. The child cant judge the nature of his act and consequence of his act or conduct. The child below the age of 7yrs is not liable under IPC.
- 11. Mens Rea Relating to unsoundness of mind Insanity act of a person of unsound mind (sec-84) The persons of unsound mind are: 1. Insane person 2. Mental diseasedisorder 3. Idiotlunatic ❖ A person of unsound mind is incapable of knowing the nature of his act ❖ He is incapable in understanding that what he is doing is wrong or contrary to law. ❖ He does the act and will get the exemption so that he has committed no offence.
- 12. Mens Rea relating to intoxication of person • Person incapable of judgment by reason of intoxication caused against his will. (sec-85,86) • A person can be excused from criminal liability if he is in state of intoxication. • He is incapable of knowing the nature of the act and incapable in knowing that what he is doing was either wrong or contrary to law.
- 13. • That the thing which intoxicated him was administered either against his will or without his consent. • In case an offence requires special intention and knowledge. • He will be liable in same manner as a person who was not under intoxication. unless that thing which intoxicated him was administered him, With out his knowledge or against his will.
- 14. Actus non facit reum nisi mens sit rea – The act itself does not constitute guilt unless done with a guilty mind. Once both elements are established, the defendant will be found CRIMINALLY LIABLE. ACTUS REUS - The actus reus can be: A voluntary action An omission A state of affairs The actus reus will be different for each crime, e.g. for murder it is unlawful killing but for theft it is the dishonest appropriation of property belonging to another.
- 15. A voluntary Act – The defendant must have committed the act or omission voluntarily. If the act is done involuntarily, the defendant will not be guilty. Hill -v- Baxter 1958 The courts gave examples of involuntary acts, e.g. reflex actions after being hit on the head with a hammer or being stung by a swarm of bees. The criminal law is concerned with fault.
- 16. • Some crimes must also produce a consequence for someone to have committed the actus reus. • For example, for murder someone has to end up dead. The defendant’s act must have produced the unlawful killing. ACTUS REUS & CONSEQUENCES
- 17. THINK! You are walking by the river and see someone in the water shouting for help and saying that they cannot swim. Instead of stopping to help, you walk by and the person drowns. Should you be held liable for their death? What if you were a trained lifeguard? An Omission (failure to act)
- 18. A failure to act does not usually result in someone being found criminally liable in English law. Stephen LJ: “It is not a crime to cause death or bodily injury, even intentionally, by any omission.” An Omission There are some exceptions to this rule.
- 19. Airedale NHS Trust -v- Bland (1993) Anthony Bland had been crushed in the Hillsborough Stadium disaster and was on a life support machine with severe brain damage and in a persistent vegetative state. After 3 years the doctors applied to the courts for an order to allow them to stop feeding him which would obviously lead to his death. The court held that this was in Bland’s best interests. Treatment that is in the patient’s best interests is not considered to be an omission so is therefore not the actus reus. Duty of Doctors