This article has been written by Ms.Haya Khan, a student studying in B.A,LL.B from Amity University,Kolkata.The author is a 2nd year Law student.
Mens rea simply means intention or guilty mind. Every crime must have Mens rea or criminal intent as one of its elements of crime, however the doctrine of Mens rea has no application to the offences in general under the Indian penal code,1860. There must be mental culpability for an act to be judged illegal or criminal. The presence of both an act and malicious intent distinguishes civil and criminal responsibility. For example,If you purposely shoot someone with the intent to kill them when there is no legal basis to do so in such case you will be guilty of murder but if you shoot a man assuming it to be a wood or any dangerous animal then these cases would fall under the ambit of self defence or private defence (sections 96-106 of IPC 1860) and will be tried accordingly.Another example maybe,Section 300 of the IPC defines numerous types of acts that constitute murder. These acts may include acts committed with the “intention” of causing physical harm severe enough to result in death.
HISTORY
Until the 12th century the concept of Mens rea was not a part of the ingredient of crime. Criminals were punished on the basis of their act whether deliberate or not.This concept was first proposed in the 17th century incorporated through the latin phrase “actus reus non facit reum nisi mens sit rea”, which stated ‘there can be no crime without a guilty mind.’ This maxim addressed the problem that a crime can only be defined as an act done with the purpose to commit a crime. The Mens Rea element was brought in from English law and implemented into Indian criminal laws during British reign. In 1860, Lord Macaulay proposed the Indian Penal Code, which was approved on October 6, 1860. Mens Rea was originally part of English law, but it was only adopted after it had been changed and carefully established to suit the circumstances of British India.
DEFINITION
- Mens rea is a Latin phrase that means “guilty mind.”
- The mens rea Means a desire to commit a prohibited act
- It is described as the mental component of criminal competence.
- Mens Rea develops from a person’s mental process, motive, and goal.
ESSENTIAL ELEMENTS OF MENS REA
The element of mens rea itself comprises of certain inherent elements,these include
- Intention : In criminal law, intention is a mental state or mens rea that refers to a person’s state of mind when they act with the intent or knowledge of causing a specific result. The highest level of mens rea is intent, which is required for crimes such as murder, which is the intentional death of another person.In order to establish intent in a criminal case, the prosecution must show that the defendant had a specific intent to conduct the offense. This can be proven through direct evidence, such as a confession, or indirect evidence, such as the defendant’s acts and behavior preceding the offense.For example, if a person shoots and kills another person with a gun, the prosecution may attempt to establish intent by demonstrating that the defendant had a motive to kill the victim, that the defendant planned the killing ahead of time, or that the defendant took specific steps to ensure the killing’s success.However, proving intention can be challenging and the prosecution holds the burden of proof. If the prosecution cannot prove purpose beyond a reasonable doubt, the defendant may be convicted of a lesser offense requiring less mens rea, such as manslaughter, which is the death of another person without specific intent.
- Motive : The motivation is the cause for the intention. If you already understand intention, simply ask “what was the reason behind the intention?”.Mens Rea is made up of both of these elements (intention and motive). In general, these elements are too similar but not the same. As a result, they must be distinguished.Motive isn’t usually a criminal aspect because the prosecution doesn’t have to establish it. Prosecutors instead attempt to demonstrate motive in order to persuade the jury that the accused is guilty.For example,Ramesh and Julia have been married for 27 years. Ramesh has a fatal condition and is in excruciating pain. After several months of anguish, he continually begs Julia to kill him. June shoots and murders Rameshafter great consideration. Julia’s intention was to murder. Her motivation was to alleviate her husband’s suffering. Even if her motivation was humane, she is guilty of murder.
- Knowledge : This term refers to a person who is aware that his or her activities will have certain consequences but does not appear to care. For example, if someone lashes out aggressively against someone, doing injury may not be her primary purpose. If, on the other hand, she was aware that her conduct would cause injury, she is guilty of criminal knowledge.Although the line between knowledge and intention is unclear, it is obvious that they mean different things.Knowledge, as opposed to intention, refers to a mental state in which the mind is a passive recipient of specific thoughts or perceptions that develop in it, whereas intention refers to a conscious state of mind in which mental faculties are summoned into action to achieve predetermined, predetermined outcomes. Clearly, knowledge is founded on an extensive understanding of facts and situations, as well as the repercussions of one’s actions.
- Negligence : This is the most lenient form of criminal responsibility. Negligence is defined as failing to do or doing anything that a sensible and reasonable person would not do based on the considerations that ordinarily guide the conduct of human affairs. It is a man’s state of mind when he follows a course of action without thinking about the consequences. Negligence occurs when a person fails to satisfy a reasonable standard of behavior for her circumstances. For example, if a child is wounded as a result of a caregiver’s failure to perform her obligations, the caregiver may be guilty of criminal negligence.If, during a quarrel with his wife, A picks up a paperweight from the table and throws it out the window, shattering the passer-by’s skull, he is liable for harming the passer-by. When he hurled the paperweight, by’s A had neither predicted nor contemplated injuring anyone, yet he is accountable because he failed to do so.
EXCEPTION TO MENS REA
- Cases that are not illegal but are punishable in the public interest.
- public nuisance
- Cases that appear to be criminal but are actually for the enforcement of a civil right.
CONCLUSION
The reasoning of mens rea is impeccable.Crimes are characterized by their elements, and in order to gain a conviction, the prosecution must establish all of these elements beyond a reasonable doubt. If the prosecution is unable to show an element, either because its case is weak or because the accused possesses enough evidence to cast reasonable doubt on the presence of an element of the prosecution’s case, the accused should be acquitted of the offense requiring that element. The accused uses the mens rea variety of impaired capacity to simply put reasonable doubt on the presence of a mental state ingredient that is part of the definition of the crime charged.
References
https://www.toppr.com/guides/legal-aptitude/indian-penal-code/elements-of-crime/#2_Mens_rea
https://lawhelpbd.com/article/mens-rea-intention-motive/#Motive