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Which of the following statements are incorrect? (i) Criminal liability is best explained by the maxim…

Statement (iii) is wrong because an actus reus may include a legally relevant omission; IPC 32 expressly extends act words to illegal omissions unless the context indicates…

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Which of the following statements are incorrect?

(i) Criminal liability is best explained by the maxim “actus non facit reum, nisi mens sit rea”.

(ii) For criminal liability, the “actus” should be “reus”.

(iii) The term “actus reus” includes only an act, and not an omission.

(iv) The actus reus of omission is well illustrated in R v. Horsey.

Select one answer
Answer and explanation

Correct answer C

Statement (iii) is wrong because an actus reus may include a legally relevant omission; IPC 32 expressly extends act words to illegal omissions unless the context indicates otherwise. Statement (iv) is also wrong: Horsey concerned deliberately setting fire to straw and a resulting death, rather than a failure to perform a legal duty. Statements (i) and (ii) express the ordinary relationship between a prohibited act or omission and the required guilty mind; specific statutory exceptions to mens rea remain possible.

Current law: For offences governed by the Bharatiya Nyaya Sanhita 2023 from 1 July 2024, the corresponding provision is section 3(4)–(7). The interpretive treatment of acts and illegal omissions continues. Earlier offences remain subject to the applicable repeal-and-savings provisions.

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