The Concept Of Mens Rea

Criminal law deals with punishing individuals who have committed a crime and criminal behavior. It contains laws and procedures related to the crimes committed or any acts.   Actus reus and mens rea are the basic terms used in the criminal justice system and also constitute an important part of criminal law.  Most of the crimes committed have an intension behind it…

Alternatives to imprisonment (part 3)

PRОBATIОN The word probation is derived frоm “prоbare” a Latin wоrd meaning “a periоd оf prоving оn trial”. It has been well defined as fоllоws:  “Prоbatiоn is a methоd dealing with specially selected оffenders, and cоnsists оf cоnditiоnal suspensiоn оf punishment, while the оffender is placed under persоnal supervisiоn and is given individual guidance оn treatment.…

DEFAMATION

“Balance between one individual’s all in all correct to the right to speak freely of discourse and another’s more right than wrong to ensure their great name.” Any deliberate bogus correspondence, either composed or spoken, that hurts an individual’s standing; diminishes the regard, respect or trust in which an individual is held; or actuates slandering,…

Malicious Prosecution: A Comparitive Analysis of the position in England and India

Introduction Malicious prosecution is the malicious institution of unsuccessful criminal or bankruptcy or liquidation of proceedings against another without reason or evidence. This tort balances competing principles, namely freedom that each person should have in bringing criminals to justice and therefore the need for restraining false accusations against innocent persons. Malicious prosecution is an abuse of…

Mens Rea

The mental element of a person’s intention to conduct a crime, or awareness that one’s activity or lack of action will result in a crime, is known as mens rea. The mental aspect of crime is a crucial part of Indian . Most Indian laws have a component of guilty thinking in order to make…