Actus Reus
If the actus reus of an offence is committed with necessary mens rea, it remains an offence for all time to come, even if the provisions of law creating the said very offence is repealed, without declaring the said law as ultra vires the constitution. There is no doubt that after the repeals of the relevant provision of law, the subsequent actus reus even, if committed ceases to be an offence. But if the offence committed during the period when the said provision of law was in force, any offence committed during the subsistence of the said law but, detected/revealed later on, even after it's repeal would still come under the mischief of the said repealed law as if the said law has not been repealed. (Hon'ble Chief Justice Md. Muzammel Hossain). 63 DLR(AD)162: Tarique Rahman Vs. Government of Bangladesh & others
Testimony of PW 3 demonstrates evidently that the accused, by his acts of 'accompanying the gang of Bihari and local Aktar goonda and also by an act of forcibly dragging Hazrat Ali Laskar out of house, Abdul Quader Molla's presence in the crime site made him criminally linked with the commission of the offence of killing of Bangalee civilians. It is lawfully presumed that the accused had actus reus in providing moral support and aid to the commission of offence. The actus reus of abetting requires assistance, encouragement or moral support which has a substantial effect on the perpetration of the crimes. Chief Prosecutor vs Abdul Quader Molla 65 DLR (ICT) 1
Actus reus- If the actus reus of an offence is committed with necessary mens rea, it remains an offence for all time to come, even if the provisions of law creating the said very offence is repealed, without declaring the said law as ultra vires the constitution. There is no doubt that, after the repeal of the relevant provision of law, the subse- quent actus reus even, if committed, ceases to be an offence. But if the offence committed during the period when the said provision of law was in force, any offence committed during the subsis- tence of the said law but, detected / revealed later on, even after it's repeal would still come under the mischief of the said repealed law as if the said law has not been repealed. Tarique Rahman vs Government of Bangladesh 63 DLR (AD) 162.
"If the actus reus of an offence is committed with necessary mens rea it remains for all time to come, even if the provisions of law creating the said very offence is repealed, without declaring the said law as ultra vires the Constitution. There is no doubt that, after the repeal of the relevant provision of law, the subsequent actus reus even, if committed, ceases to be an offence. But if the offence committed during the period when the said provision of law was in force, any offence committed during the substance of the said law but, detected/ revealed later on, even after it's repeal would still come under the mischief of the said repealed law as if the said law has not been repealed." [73 DLR (AD) (2021) 82]
