Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Legal Maxims

Question:
This latin maxim means that an act does not make one guilty unless the mind is also legally blameworthy. Identify the legal maxim.
Options:
Assentio Mentium
Res Judicata Accipitur Pro Veritate
Nemo Debet Esse Judex in Propria Sua Causa
Actus non facit reum nisi mens sit rea
Correct Answer:
Actus non facit reum nisi mens sit rea
Explanation:
Actus non facit reum nisi mens sit rea: This Latin maxim means that an act does not make one guilty unless the mind is also legally blameworthy. In other words, for a physical act to be termed a crime, it must be accompanied by the necessary mental element. Unless this mental element is present, no act is usually criminal in nature. So, all crimes have a physical element and a mental element, usually called actus reus and mens rea respectively.
If A crashed into C’s car with the intention of killing him and the crash led to C’s death, A would be guilty of murder. On the contrary, if A crashed into C’s car unintentionally, with no intention whatsoever, to impose even the slightest form of harm to C, it may be said that the said act was an accident or would depict negligence on part of A.