Presentation on Mens-rea

1. Criminal law.

2. 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” For case law of Mens-rea? CLICK HERE!!!!

3. SWEAT Vs. PARSLEY ( 1970 ) AC 132,162 Lord Diplok said, “An act does not make guilty of a crime , unless his mind be also guilty.”

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.

6. Important forms of Mens-rea.

7. 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

8. 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.

9. 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.

10. Mens-rea in the I.P.C 1860

11. 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.

12. R. Vs. PRINCE (1875) 2 CCr 154

13. R. VS. TOLSON (1889 Q.B.D 168) R. VS. Mrs. TOLSON (1889 Q.B.D 168)

14. R. VS. WHEAT & STOCK, (1921)2 K.B. 119 R. VS. WHEAT & STOCK, (1921)2 K.B. 119

15. 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 )

16. Mens-rea is an essential ingredient of an offence. But, its not essential in respect of some offences viz., Waging war Sedition Kidnapping Abduction Coins etc. ( INDIAN LAW )

17. ( INDIAN LAW ) The framers of the IPC, while drafting the code used the words viz., Voluntarily Fraudulently and dishonestly

18. Corruptly Malignantly Maliciously Wantonly etc. Which are equivalent to the word ‘mens-rea’.

19. MOLHAN K.A VS. KORA BIBI KUTTI [(1996)SCC 281] MOLHAN K.A VS. KORA BIBI KUTTI [(1996)SCC 281]

20. NATHULAL VS. STATE OF MP. ( AIR 1996 SC 43 ) NATHULAL VS. STATE OF MP. ( AIR 1996 SC 43 )

21. Mens-rea related to General Exceptions .

22. Mens-rea relating to accident. Mens-rea relating to accident.

23. 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.

24. Mens-rea relating to unsoundness of mind. Mens-rea relating to minor.

25. 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 he\she has attained sufficient maturity and understanding to judge the consequences if his act \conduct then he is liable. 2. If he\she has not attained sufficient maturity and understanding then he is not liable. The child above 12yrs of age then he\she is liable.

26. Mens-rea relating to minor. Mens-rea relating to unsoundness of mind.

27. Insanity act of a person of unsound mind . (sec-84) The persons of unsound mind are: 1. Insane person 2. Mental disease\disorder 3. Idiot\lunatic 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.

28. Mens-rea relating to intoxicated person. Mens-rea relating to intoxicated person.

29. 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.

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