There are two essential elements of every crime. They are (i) Actus reus; and (ii) Mens rea.
(i) Actus reus:
Actus reus is one of the elements of the crime. It means “deed of commission, a result of active conduct.” Actus reus is the result of the human conduct. A stabbed B with a knife. The result is the injury to B. It means injury is the result of actus reus. Therefore, in criminal law, actus reus may be defined as “such result of human conduct as the law seeks to prevent.”
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ADVERTISEMENTS:
In each of the acts such as stabbing, shooting, abusing, defamation, criminal breach of trust, cheating, theft, rape, etc., there are several separate movements of the actor.
Therefore, an act must be construed in the light of the common sense but not in a metaphysical- sense. It is important to note that the actus reus is the result of conduct, and therefore it is an .event.
Actus reus can be distinguished from the conduct, which produces the result. It includes all the elements in the definition of the crime, except the accused’s mental element.
Example:
ADVERTISEMENTS:
A stabbed B to death. B’s death, which was brought about by the conduct of the murderer, is the actus reus. The mens rea is A’s intention to cause the death. It means, the actus reus is constituted by the event, and not by the activity (or in some cases by the omission to do an act). Activity causes the event.
The law prohibits certain acts or omissions, and prescribes the criminal liability. The people should not do such acts or should not commit such omissions. The duty of the warden or jailor is to provide food to inmates of a hostel or a jail. If he omits to do, and causes the starvation or death of inmate, it is said to be omission of the duty, and such jailor or warden is liable to punishment.
(ii) Mens rea: [Refer to Topic “Mens rea”.]
Victimless Crimes/White Collar Crimes:
This is a peculiar and particular category of crimes spread in almost all the countries. In this category, particularly, there is no victim suffered by the wrong-doer. It is also difficult to prove in the Courts.
ADVERTISEMENTS:
Sutherland, a famous criminologist, analyses that this type of crimes is quite different with those defined under the Penal Codes. The main ingredient of these crimes is that the wrong-doers belong to most respectful and powerful position in the society. They possess good reputation.
Example:
Under the guidelines/influence of the ruling party leaders, a group of officers issue notices under the Land Acquisition Act, 1894 to the farmers, and acquire their lands by paying the lowest prices. Later the same land is allotted to the industrialists, SEZ, star hotels, etc. Throughout India this is going on.
In 2002, the Telugu Desam Government had acquired and sanctioned 535 acres to the Andhra Pradesh Industrial Infrastructure Corporation (APIIC), a Government organization, for the development of Golf.
The Congress agitated against it. However, after coming to ruling, it continued the same policy. The APICC sold this land to MR Properties. The land situates in Nanakramguda, near the Hi-Tech city.
Out of this land, 73 acres belong to small farmers. No reasonable compensation is paid to them. MR properties constructed golf ground, and villas, and sold each villa @ six crores, and earned thousands of crores. (January, 3, 2008, Eenadu, Andhra Jyothi, etc.)