Criminal Law

A crime primarily consists of two elements:

> actus reus: guilty action
> men’s rea: guilty mind

Men’s rea is the mental element of the crime and Actus reus is the
physical element of a crime. However there are certain crimes that do
not have men’s rea or guilty mind or intention.
For example: a tutor slaps their student on the context of disciplining
them but the student dies from the impact, there was a physical
element that is actus reus but no guilty intention/mind.
Actus Reus Non Facit Reum Nisi Mens Sit Rea, this legal maxim
translates to “An act does not make a person guilty unless it is
followed by a guilty mind.”

There are general exceptions stated in IPC, these exceptions excludes

the perpetrator from punishment against actus reus, the following
exceptions are:
> Mistake (section 76)
> Unsoundness of mind (section 84)
> Right of private defence (section 96- 102)
> Intoxication (section 85-86)
Mistake (section 76):
An act done by a person bound, or by mistake of fact believing
himself bound, by law.
Nothing is an offence which is done by a person who is, or who by
reason of mistake of fact and not by reason of mistake of law, in good
faith, believes himself to be bound by law to do it.