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Mens Rea

The document discusses the concept of mens rea, or 'guilty mind', as a fundamental aspect of criminal liability, detailing its origins, development, and essential elements alongside actus reus. It highlights various mental states associated with mens rea, such as intention, knowledge, recklessness, and negligence, and provides case law examples illustrating these concepts. Additionally, it outlines exceptions to mens rea in statutory offenses and specific legal scenarios where mens rea may not be required for culpability.

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NIRANJANA PRASAD
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2 views12 pages

Mens Rea

The document discusses the concept of mens rea, or 'guilty mind', as a fundamental aspect of criminal liability, detailing its origins, development, and essential elements alongside actus reus. It highlights various mental states associated with mens rea, such as intention, knowledge, recklessness, and negligence, and provides case law examples illustrating these concepts. Additionally, it outlines exceptions to mens rea in statutory offenses and specific legal scenarios where mens rea may not be required for culpability.

Uploaded by

NIRANJANA PRASAD
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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MENS REA : ORIGIN AND

DEVELOPMENT STATUTORY
OFFENCE AND EXCEPTION
Niranjana Prasad
Roll no : 04
WHAT IS CRIMINAL LIABILITY
 CRIME ?

An act of commission or omission to law for which punishment can be


inflicted through judicial proceedings conducted in the name of state
CRIMINAL LIABILITY ?

ESSENTIALS TO CONSTITUTE A CRIME


1 mens rea
2 actus rea
ORIGIN AND DEVELOPMENT
 The origin and development of mens rea can be traced back to ancient
legal systems and has evolved over time
 1 ROMAN LAW
 2 MIDDLE AGES
 3 COMMON LAW DEVOLOPMENT
 4 MENTAL STATES AND STATUTES
 5 MODERN CRIMINAL LAW
MENS REA ( STATE OF MIND
FORBIDDEN BY LAW )
 Actus non facit reum ,nisi mens sit rea

THE ACT ITSELF IS NOT CRIMINAL UNLESS ACCOMPANIED BY A GUILTY MIND

INTENTION KNOWLEDGE

RECKLESSNESS NEGLIGENCE
CONTI….
 INTENTION

Higher degree of mens rea , there is always the presence of knowledge with the
presence of intention
 KNOWLEGDE

Knowledge attracts lesser culpability if there is absence of intention


 RECKLESSNESS

A state of being mentally indifferent to obvious risk


 NEGLIGENCE

When there is required a certain degree due care or caution and the individual lacks in
the aspect of care and precaution is termed to be behaving negligently
CASE LAWS ON MENS REA
 B . NATHULAL VS. STATE OF MP

In this case , the accused / a food grain dealer applied for a licence and
deposited the requisite licence fee. He , without knowledge of rejection of his
application , purchased food grains and sent returns back to the licencing
authority , who on checking, found that it was in excess of the quantity
permitted by sec 7 of MP food grains dealers licencing order 1958 . the
accused was prosecuted .however he was acquitted on the ground that he
had no guilty intention
 C. MALHAN K.A VS. KORA BIBI KUTTI

The accused was a financier . He seized a vehicle for which he financed but
did not receive the instalments . The person from whom the vehicle was
seized complained to police alleging that the accused had stolen his vehicle.
THE SC HELD THAT THE ELEMENT OF MENS REA IS TOTALLY WANTING IN THIS
CASE AND THE ACCUSED CANNOT BE CONVICTED FOR THE OFFENCE OF
THEFT UNDER SEC 379
STATUTORY OFFENCES IN
IPC
 WAGING WAR
 SEDITION
 KIDNAPPING AND ABDUCTION

MENS REA IS NOT NEEDED FOR THESE STATUTORY OFFENCES


SPECIFIC STATUTES - Motor vehicles act , Arms act , Narcotic Drugs and
Psychotropic Substances Act
RULE OF INTERPRETATION – Unless the statute either clearly or by necessary
implication rules out mens rea as a constituent part of the crime a defendant
should not be found guilty of an offence against the criminal law unless he
has a guilty mind
CASE LAW
 STATE OF MAHARASHTRA v. M.H. GEORGE

In this case, the defendant, Mayer Hans George, was a German citizen who
was charged for bringing gold to India without the authorization of the
Reserve Bank Of India as per Section 23A of the Foreign Exchange
Regulations Act of 1947 and was ordered to be imprisoned for a year. It was
established by the authorities of the Customs office that Mr. George was
smuggling 34 kilograms of gold with an intention to defraud the
government. The High court acquitted him, but the State made another
appeal in the Supreme Court. The Supreme Court took note of the fact that
there is undeniably a certain measure of dubiety in the law except in cases
where specific provision in that behalf is made in individual laws as to:
EXCEPTION OF MENS REA
 Mere actus rea would amount Mens rea, often referred to as the "guilty
mind," is a fundamental concept in criminal law. It pertains to the mental
state or intent of an individual when committing a crime. However, there
are specific scenarios where mens rea may not be a determining factor in
establishing culpability.
CONTI…
1.Strict Liability Offenses:
2.Inchoate Offenses: Inchoate offenses involve actions taken in preparation for
committing a crime, even if the actual crime isn't completed. The required mental
state for these offenses might be lower than that of the completed crime. For
example, attempting a crime requires the intent to commit it, even if the crime isn't
successfully carried out.
3.Vicarious Liability: This exception holds individuals responsible for the actions
of others. It's not based on the person's own intent but on their relationship to the
actual wrongdoer. Employers, for instance, can be held liable for their employees'
actions.
4.Statutory Rape: In cases involving statutory rape, the age of the victim is the
crucial factor, not the defendant's intent. This is to protect minors who are not
legally capable of giving consent.
5.Public Welfare Offenses: These offenses involve violations of regulations that
protect public safety or welfare. The emphasis is on preventing harm to the public,
so strict liability or a lower level of intent might be applied.
CASE LAWS
1.Inchoate Offenses:
(1986): The defendant was charged with attempting to handle
1. R v Shivpuri
controlled drugs, which were actually harmless substances. The court
emphasized that even if the crime attempted is factually impossible, the
defendant can still be found guilty of attempt if they had the required intent.
2.Vicarious Liability:
1. Limpus v. London General Omnibus Co. (1862): This case established that
employers can be held vicariously liable for the actions of their employees in
the course of their employment.
3.Statutory Rape:
1. R v. Williams (1923): This case emphasized that statutory rape laws focus on
the age of the victim rather than the defendant's belief or intent regarding the
victim's age.
THANK YOU
NIRANJANA PRASAD

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