Actus reus must be proved for conviction from "summary" of The Indian Penal Code... - Primary Source Edition by Hoffmann (Professor)
The concept of actus reus being proved for conviction is a fundamental principle in criminal law. In order for someone to be found guilty of a crime, it must be established that they committed a physical act that is prohibited by law. This physical act is known as the actus reus, which translates to "guilty act" in Latin. Simply put, a person cannot be convicted of a crime solely based on their thoughts or intentions. There must be concrete evidence that they actually carried out the prohibited act. This requirement ensures that individuals are not punished for mere thoughts or desires, but only for their actions. Proving actus reus is essential for upholding the principles of justice and fairness in the legal system. It ensures that individuals are held accountable for their actions and that wrongful convictions are avoided. Without the requirement of proving actus reus, individuals could be punished unjustly based on suspicion or speculation. The burden of proving actus reus lies with the prosecution in a criminal case. They must present evidence to demonstrate that the accused person engaged in the prohibited act. This evidence can take various forms, such as witness testimony, physical evidence, or circumstantial evidence. In cases where the actus reus is not clearly established, the accused person may be acquitted. This reflects the principle that it is better to let a guilty person go free than to wrongfully convict an innocent person. By requiring proof of actus reus, the legal system aims to strike a balance between punishing wrongdoing and protecting the rights of individuals.- The concept of actus reus being proved for conviction is a foundational principle in criminal law. It ensures that individuals are held accountable for their actions and that justice is served in a fair and objective manner. Without the requirement of proving actus reus, the legal system would risk becoming arbitrary and unjust. Thus, establishing actus reus is essential for upholding the rule of law and safeguarding individual rights.
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