It is defined as the mental element necessary to constitute criminal liability. What are the stages of crime under the indian penal code. Mens rea is an essential part of deciding whether an act is culpable or not. To teach specific offences under the indian penal code. Technically the application of mens rea is not applied to the offences under ipc. Technically the doctrine of mens rea is not applied to the offences under the indian penal code. Mens rea the second important essential element of a crime is mens rea or evil intent or guilty mind. According to samshul huda, an eminent jurist, the very cornerstone of criminal jurisprudence is the mensrea. Attempt under the indian penal code, 1860 the indian penal code has dealt with attempt in. Mar 21, 2017 a actus non facit reum, nisi mens sit rea b bona fides non paitur, ut bis idem exigatur c debet esse finis litium d equity sequitur legem. Like all other statutes, the deciding factor on whether the mens rea is required or not, depends on the language of statute and the intention of the legislature as gathered from the statute. Concept of crime crime denotes an unlawful act punishable by a state. Introduction every person has right to maintain and preserve his reputation.
To understand the importance of the mens rea to an offence in law. Under common law, a person cannot be truly guilty of a crime unless he or she consciously commits a dangerous or illegal act. Notes for students on indian penal code by naveen kumar. So mens rea is a basic component of a crime in each penal statute except if the equivalent either explicitly or by necessary implications is precluded by the statutes. The indian penal code does not include any special favors for any special person at some position. There is a presumption that mens rea or evil intention or knowledge of the wrongfulness of the act is an essential ingredient in every offence. The cheating is defined in section 415 of the indian penal code which provides as under. Difference between section 417 and 420 indian penal code. In the offence of criminal trespass, housebreaking or in the aggravated forms thereof, the actus reus is in respect of place. In order to convict a person under section 306 ipc there has to be a clear mens rea to commit the offence. Index objective of mens rea intention and consequence. It follows that if a section creating a particular offence is silent as to mens rea, whereas other offences under the same act expressly require proof of fault, the court is. The most important feature of the indian penal code is the impartial nature of judgments promoted by the document.
Technically the doctrine of mens rea is not applied to the offences under the indian penal. Ignorance of law contrasted with mens rea edit the general rule under common law and statutory law is that ignorance of the law or a mistake of law is no defense to criminal prosecution. In cases where the act involves a specific mens rea, in cases of intoxication under section 86 of ipc. Mental intent was the real criterion of guilt and an unwitting killing or one in selfdefense still merited conviction by the judge under the old laws, but could be. This paper deals with intoxication as a defence under ipc. Apart from these two elements that go to make up a crime, there are two more indispensable elements, namely, first, a human being under a legal. The latin maxim actus non facit reum nisi mens sit rea is derived from mens rea. Actus non facitreum nisi mens sit rea is a latin maxim which translates into an act does not make a defendant guilty without a guilty mind. In generic terms, abetment is instigationaid for a crime, and criminal conspiracy is the act of plotting a crime. The term mens rea has not been used anywhere in the entire length and breadth of the ipc but its corresponding terms such as intentionally, knowingly, willfully, maliciously, fraudulently, dishonestly have been employed in the code to represent the mental involvement of the accused in the commission of a crime. Such situations will be discussed in the following sections of this study. The indian penal code which was basically a colonial legislation it was as the main penal law of the country even after indian independence in 1947. Under the ipc, guilt in respect of almost all offences is fastened. Describe the place of mens rea in indian penal code.
Firstly, it describes what intoxication is and secondly, how intoxication affects different parts of our body. Law latin for guilty mind is the mental element of a persons intention to commit a crime. Under the terms of the licence agreement, an individual user may print out a pdf of a single entry from a. The maxim actus non facit reum, nisi mens sit rea the act does not amount to guilt. Sep 01, 2014 constituent elements of crime elements of a crime the two elements of crime are mens rea and actus reus. Model penal codes mens rea lawshelf educational media. If law can set free an involuntarily intoxicated person from criminal liability under the code of ipc, stating that mens rea was absent, how can it only punish a voluntarily. So far as the indian penal code is concerned, every offence under it virtually imports the idea of criminal intent or mens rea. The definition not only states what accused might have done, that also states about the state of his mind with regard to the act when he was doing it. In fact, these provisions indicate the absence of mens rea element in the acts. This must be resisted as there are many ingredients in the answer, which requires careful planning and organization. The word metis rea is nowhere used in the code and neither is the maxim of english criminal law applicable to offences under the code. Mens rea in statutory offences legal service india. Index objective of mens rea intention and consequence public.
There can be no crime of any nature without mens rea or an evil mind. Actus reus is the wrongful act committed and mens rea is the state of mind behind such acts. Mens rea, or guilty mind, marks a central distinguishing feature of criminal law. The element of mens rea is an essential ingredient of a crime is also. It is a necessary element of many crimes the standard common law test of criminal liability is expressed in the latin phrase actus reus non facit reum nisi mens sit rea, i. Under the terms of the licence agreement, an individual user may print out a pdf of a single entry from a reference work in or for personal use. The intention is the first and initial stage in the commission of a crime and this stage has not been penalized under the indian penal code hereinafter referred to as ipc.
State of maharashtra, it was held that clear mens rea to commit the offence is a sine qua non for conviction under section 306 ipc. Mens rea and actus reus essentials of a crime ipleaders. This maxim means the act itself does not constitute guilt unless done with a guilty mind. Mens rea is the mental element of a persons intention to commit a crime. Technically, the application of mens rea is not applied to the offences under ipc. Intention and consequence public welfare offences and mens rea. The intent to commit a crime is officially known as mens rea, which is latin for guilty mind. Hence, although mens rea is a sine qua non of a criminal act, its type and degree may vary from crime to crime. Indian history reveals that since from ancient times the position of the law of crime was already in existence. Concept of mens rea in the criminal law northwestern pritzker. In the indian penal code, 1860, every offence is defined very clearly. What are the stages of crime under the indian penal code, 1860. The rationale behind the rule is that it is wrong for society to punish those who innocently cause harm.
Every crime requires a mental element and that is considered as the fundamental principle of criminal liability. Mens rea displays specific intent by the accused for the commission of the crime for which he is charged. Conviction under section 306 ipc requires clear mens rea to. Mens rea is not defined in the indian penal code ipc. Aug 21, 2018 actus non facit reum nisi mens sit rea is the famous english maxim of criminal law. Mens rea forms one of the essential elements of a crime. Thus, the indian penal code stands alike for government employees, as for a common man, and even for a judicial officer. Actus non facit reum nisi mens sit rea legal maxim law. Mens rea wex us law lii legal information institute.
The distinguishing feature of the mens rea requisite under clause secondly is the knowledge possessed by the offender regarding the particular victim being in such a peculiar condition or state of health that the internal harm caused to him is likely to be fatal, notwithstanding the fact that such harm would not in. Actus reus and mens rea indian penal code 1860 ugc net. The elements and stages of a crime legal service india. Sep 16, 2012 application of mens rea in indian penal code. Actus non facit reum nisi mens sit rea is the famous english maxim of criminal law. Read about the elements of crime to ace the legal aptitude section. They have a different set of laws under the indian penal code as well. Mens rea in the indian penal code under the ipc, guilt in respect of almost all the offences is fastened either on the ground of intention, or knowledge or reason to believe.
As punishment to the offender has long term consequences for the convict, it is the basic principle that criminal liability may. In general exception, a person is excluded from criminal liability due to particular reasons like intoxication, insanity, consent etc. Though the word mens rea as such is no where found in the ipc, its essence is reflected in almost all the provisions of the code. But, there are cases in which mens rea is not required for an act to be an offence statutory offence. Defamation under the indian penal code srd law notes.
It also requires an active act or direct act which led the deceased to commit suicide seeing no option and this act must have been intended to push the deceased into such a position that heshe committed suicide. Importance of actus reus and mens rea under indian law. Under model penal code section 205, this mens rea may only be applied. Chapter iv of the ipc deals with general exceptions, wherein acts which otherwise would. Request pdf means rea in indian penal law a critical study in the entire field of. Under the criminal law, mens rea is considered as the guilty intention and unless it is found that the accused had the guilty intention to commit the crime he cannot beheld guilty of committing the crime. Means rea in indian penal law a critical study request pdf. Every offence created under the ipc virtually imports the idea of criminal intent or mens rea in some form or other. Mens rea, or criminal intent, is the essential mental element considered in court proceedings to determine whether criminal guilt is present, while actus reus functions as the essential physical element. Constituent elements of crime elements of a crime the two elements of crime are mens rea and actus reus. The term mensrea is not defined in the indian penal code. Lb 104 law of crimesi objectives of the course the primary objectives of criminal law are to maintain law and order in the society, protect the life and liberty of people and punish the offender. Mens rea as a necessary element in criminal liability indian penal code, 1860 article shared by it is one of the principles of the english criminal law that to constitute guilt there must be a guilty intent along with the act itself and that a crime is not committed if the mind of the person doing the act in question be innocent. Further, it isnt totally right to state that the doctrine of mens rea is inapplicable to the offense under the indian penal code.
It may be defined as the mental element is necessary to constitute a criminal liability. To expose the students to the range of mental states that constitute mens rea essential for committing crime. Actus reus non facit reum nisi mens sit rea oxford reference. According to the model penal codes breakdown of mens rea, wilma has intentionally killed fred and betty because she acted with the intent that fred and betty. Actus non facit reum nisi mens sit rea further explains as to how mens rea is applicable in criminal law. Earlier in the 12th century mens rea was not an element of crime. The two basic components of criminal law is actus reus and mens rea. Mental intent was the real criterion of guilt and an unwitting killing or one in self defense still merited conviction by the judge under the old laws, but could be. Abetment ipc definition, meaning, ingredients of abetment. Meaning of mens rea it is a cardinal principle of law. A brief overview congressional research service summary criminal justice reform has played a major role in the congressional agenda over the past several congresses, with sentencing reform bills making up the majority of the legislative action on this issue. The territorial coverage of indian penal code extent to. The term mens rea is not defined in the indian penal code.
The accused must be proven to have knowingly committed the crime, and had full knowledge of their actions and must have malafide intent towards the victim. In order to avoid the confusion present in english law the framers of the code have defined offences in a manner so that apart. In ipc under the chapter of general exceptions the crimes that are. In indian penal code, mens rea is not applied as definitions of various offences expressly gives the requisite state of mind of the accused like intentionally, dishonestly, voluntarily, fraudulently, malignantly, maliciously and likewise. Intoxication is covered under general exceptions, i. State of chattisgarh, it was held that merely because wife committed suicide in matrimonial house, husband and inlaws cant be charged for abetment to suicide. What are indian case laws for mens rea and actus reus.
Mens rea as a necessary element in criminal liability indian. To be able to identify under what circumstances a defendant will be found to have intention and when it will be found that they were simply recklessness in their conduct. An injury caused without mens rea might be grounds for civil liability but typically not for criminal. Indian penal code 1860 a ct xlx of 1860 introduction historical background position of law in hindu period. Iv comprising of ss76 to 106 deals with the general defences in the indian penal code.
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