What are the fundamental elements of crime ?

The basic function of criminal law is to punish the offender and to deter the incidence of crime in the society. A criminal act must contain the following elements: Elements of Crime (a) Human Being: The first requirement for commission of crime is that the act must be committed by a human being. The human being must be under legal obligation to act in particular manner and be physically and mentally fit for conviction in case he has not acted in accordance with the legal obligation. Only a human being under legal obligation and capable of being punished can be the proper subject of criminal law. (b) Mens rea: The basic principle of criminal liability is embodied in the legal maxim "actus non facit reum, nisi mens sit rea". It means 'the act alone does not amount to guilt; the act must be accompanied by a guilty mind. The intention and the act must both concur to constitute the crime. Mens rea is defined as the mental element necessary to constitute criminal liability. It is the attitude of mind which accompanies and directs the conduct which results in the 'actus reus'. The act is judged not from the mind of the wrong-doer, but the mind of the wrong-doer is judged from the act. 'Mens rea' is judged from the external conduct of the wrong-doer by applying objective standards. Intention, Negligence and recklessness can be taken as important forms of mens rea. (c) Actus reus (act or omission): The third essential element of crime is actus reus. A human being and an evil intent are not enough to constitute a crime for one cannot know the intentions of a man. Actus reus means overt act or unlawful commission must be done in carrying out a plan with the guilty intention. Actus reus is defined as a result of voluntary human conduct which law prohibits. It is the doing of some act by the person to be held liable. An 'act' is a willed movement of body.