Actus me invito factus non est mens actus – An act done by me against my will is not my act.
Actus me invito factus non est mens actus – This Latin maxim translates to: “An act done by me against my will is not my act.” It is a principle in criminal law emphasizing voluntariness of conduct. Simply put, if a person performs an act under compulsion, coercion, or without their consent, that act cannot be treated as the person’s own voluntary act.
Detailed Explanation:
Essence of the Maxim:
Criminal liability generally requires both actus reus (guilty act) and mens rea (guilty mind).
If a person commits an act against their will, the actus reus is not voluntary, and therefore, criminal liability usually does not arise.
This principle is closely linked to coercion, duress, or involuntary action.
Application in Law:
The maxim applies when an individual acts under compulsion or is physically forced to do something.
Acts done involuntarily, for instance, due to reflex action, convulsion, or external control, cannot attract criminal liability.
In criminal law, voluntariness of act is crucial: No one can be punished for an act they did not choose to perform.
Illustrative Case Law:
Case 1: State of Maharashtra v. Narsingrao (1961 AIR 132)
Facts: The accused was forced under threat to commit an act of theft.
Decision: The court held that when an act is committed under threat, it lacks voluntary intention, and therefore the accused may not be held criminally liable.
Principle Applied: Actus me invito factus non est mens actus – the act was done against the will of the person, so it cannot be considered a guilty act.
Facts: Two sailors killed a cabin boy to survive after being stranded at sea.
Decision: Although survival was at stake, the court ruled the act was still voluntary and intentional; however, this case illustrates the boundary of the maxim: coercion must be genuine and overwhelming to negate voluntariness.
Related Principles:
Duress: A threat of immediate harm can render an act involuntary.
Reflex Actions: Acts done involuntarily, like seizures, are not considered acts under the law.
Mistake or Automatism: Mental incapacity or sleepwalking may also invoke this principle.
Summary:
The maxim “Actus me invito factus non est mens actus” highlights that only voluntary acts form the basis of criminal liability. Acts performed under compulsion, involuntarily, or without consent cannot be treated as one’s own act, protecting individuals from punishment for acts they did not freely choose to commit.
RELATED Blog
0 comments