All India Bar Examination (AIBE) 16-XVI Previous Year Question Papers with Answers

Practice Mode:
5.

The maxim ‘actus not facit reum nisi mens sit rea’ means

A: There can be no crime without a guilty mind
B: Crime has to be coupled with guilty mind
C: Crime is the result of guilty mind
D: In crime intention is relevant, motive is irrelevant

The answer is: A

Explanation

The correct option is A: There can be no crime without a guilty mind.

This option reflects the meaning of the maxim ‘actus non facit reum nisi mens sit rea’, which translates to “the act does not make a person guilty unless the mind is also guilty.” This principle highlights the importance of establishing both a wrongful act (actus reus) and a guilty mind (mens rea) in order to hold someone legally responsible for a crime. The other options are incorrect because they do not capture the essence of the maxim. Option B implies that crime and guilty mind are always coupled, but this is not true, as there may be cases where a person commits a wrongful act without a guilty mind, or vice versa. Option C suggests that crime is the result of guilty mind, but this is too simplistic, as it ignores the role of the actus reus, which is also a necessary element of a crime. Option D states that in crime intention is relevant, motive is irrelevant, but this is not related to the maxim, which does not mention intention or motive. Intention and motive are different concepts from mens rea, as intention refers to the specific purpose of the act, while motive refers to the reason behind the act. Mens rea, on the other hand, refers to the general mental state of the person, such as knowledge, recklessness, negligence, etc.