Question

Actus non facit reum, nisi mens sit rea means?

• A. A deed, a material result of human conduct
• B. The intent and act must both concur to constitute the crime.
• C. Putting to death
• D. Un commended manner

Hint:

This is perhaps the most important maxim in criminal law. Memorize its meaning: The act is not culpable unless the mind is guilty. It establishes the need for both a physical act and a mental state for criminal liability.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question asks for the meaning of the foundational Latin maxim of criminal law, 'Actus non facit reum, nisi mens sit rea'.
Step 2: Detailed Explanation:
Let's break down the Latin phrase:
- Actus...reum: "an act does not make a person guilty"
- nisi mens sit rea: "unless the mind is also guilty"
Combining them, the full translation is: "An act does not make a person guilty unless his mind is also guilty."
This maxim encapsulates the core principle of criminal liability, which requires the combination of a physical element (the guilty act or 'actus reus') and a mental element (the guilty mind or 'mens rea').
- Option (A) describes 'actus reus' alone.
- Option (B) correctly states that both the intent ('mens rea') and the act ('actus reus') must coincide for a crime to be constituted. This is the essence of the maxim.
- Options (C) and (D) are irrelevant.
Step 3: Final Answer:
The maxim 'Actus non facit reum, nisi mens sit rea' means that the act and the intent must both be present to constitute a crime. Therefore, option (B) is the correct interpretation.