3. Definition of Mens-rea.
Mens-rea means “An intention to do a
forbidden act. ”
The term “Mens-rea” is not defined in
the Indian Penal code .
It is defined as the mental element
necessary to constitute criminal liability.
According to Samshul Huda, an eminent
jurist, “The very corner-stone of criminal
jurisprudence is the Mens-rea. ”
It is expressed in Latin Maxim “actus non
facit reum nisi mens sit rea” as a
fundamental principle for penal liability.
The Maxim means “the act itself does
not constitute guilt unless done with a
guilty mind”
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4. # A person to be held guilty of a crime, it
is necessary that he had an intention
to do it
# Similarly, a person to be held guilty of
theft, it should be established that he had
an intention to steal.
# No act of the person was punishable in
the absence of mens-rea.
5. Exceptions of Mens-rea.
According to Wright.J the mens-rea is an essential
ingredient in every offence except in three cases :
• Cases which are not criminal but are prohibited in the public interest under
penalty.
• Public nuisance.
• Cases which are in the from of criminal cases but actually are for enforcing a civil
right.
Therefore, there can be no crime without an evil mind
and hence, the essence of an offence is Mens-rea.
8. Intention means the purpose or desire with
which an act is done. To intent is to have in mind
a fixed purpose to produce a particular result.
INTENTION = FOREKNOWLEDGE + DESIRE
9. Negligence is not taking care, where
there is a duty to take care. Negligence
or carelessness indicates a state of
mind, viz., absence of a desire to cause
a particular consequences.
In criminal law the negligent
conduct amounts to mens-rea.
10. Recklessness occurs when the actor does not desire the
consequences , but foresees the possibility and consciously
takes the risk. It is classed with intention for all legal purposes.
12. MENS REA in statutory crimes
( ENGLISH LAW )
Mens-rea in statutory crimes
( English law )
In ENGLAND, ‘MENS-REA’ is an
essential ingredient of a crime/an
offence.
It is applied in all common laws
cases (common law means ‘judge
made laws’) with out any
reservations.
It is also applied in statutory
offence with
certain reservations.
15. R. VS. WHEAT & STOCK,
(1921)2 K.B. 119
R. VS. WHEAT & STOCK,
(1921)2 K.B. 119
16. The doctrine of ‘mens-rea’ has been applied by the
Indian courts. But it has been applied in two different
ways to avoid confusion they are :
The actual intent required for the offence was used
in defining the offence.
The expression fraudulently,
dishonestly, voluntarily, and
intentionally etc., are used in
the definition to indicate the
criminal intent.
Application of the doctrine of mens-rea
( INDIAN LAW )
17. Mens-rea is an essential ingredient of an
offence.
But, its not essential in respect of some
offences viz.,
i. Waging war
ii. Sedition
iii. Kidnapping
iv. Abduction
v. Coins etc.
( INDIAN LAW )
18. ( INDIAN LAW )
The framers of the IPC, while drafting the
code used the words viz.,
Voluntarily
Fraudulently and dishonestly
24. Accident in doing a lawful act.
(sec-80)
The act was done by misfortune or
accident.
It was done without any criminal intention.
It was done while doing a lawful act.
In a lawful manner and lawful means.
With proper care and caution.
26. Child above 7yrs but below 12yrs of immature
understanding. (sec-83)
The Child has not attained sufficient maturity
of understanding.
The child cant judge the nature of his act and
consequence of his act or conduct.
The child below the age of 7yrs is not
liable under IPC .
The child above 7yrs and below 12yrs :
1.If heshe has attained sufficient maturity
and understanding to judge the
consequences if his act conduct then he
is liable.
2. If heshe has not attained sufficient
maturity and understanding then he is not
liable.
The child above 12yrs of age then heshe
is liable.
28. Insanity act of a person of unsound mind .
(sec-84)
The persons of unsound mind are:
1. Insane person
2. Mental diseasedisorder
3. Idiotlunatic
A person of unsound mind is incapable
of knowing the nature of his act
He is incapable in understanding that
what he is doing is wrong or contrary to
law.
He does the act and will get the
exemption so that he has committed no
offence.
29. Mens-rea relating to intoxicated
person.
Mens-rea relating to intoxicated person.
30. Person incapable of judgment by reason
of intoxication caused against his will.
(sec-85,86)
A person can be excused from criminal liability if he is in
state of intoxication.
He is incapable of knowing the nature of the act and
incapable in knowing that what he is doing was either
wrong or contrary to law.
That the thing which intoxicated him was administered
either against his will or without his consent.
In case an offence requires special intention and
knowledge.
He will be liable in same manner as a person who was not
under intoxication.
unless that thing which intoxicated
him was administered him.
With out his knowledge or against his will.
