The accused pleaded that he had no knowledge of the contents of the book and hence did not have the necessary mens rea. But nonetheless, courts blindly go by this fictional and mythical reasonable person standard.
Motive does not affect criminal liability. In fact, all the General Exceptions are illustrations of the recognition of the concept of mens rca in the IPC. The two, however, are distinct and have to be distinguished.
There is no real yardstick by which one can arrive at the precise definition of the prudent person. It can be noticed that every overt or outward act or the actus reus has also to be accompanied by a guilty mind or mens rea, which is also an essential ingredient of a crime.
But still it does not constitute the offence of murder because another essential ingredient of the offence of murder, viz, the intention to cause death, is absent. Every offence is defined and the definition states not only what the accused must have done, but the state of his mind with regard to the act when was doing it.
But it is a sound rule of construction adopted in England and also accepted in India to construe a statutory provision creating an offence in conformity with the common law rather than against it unless the statute expressly or by necessary implication excluded mens rea.
The mere commission of a criminal act or bringing about the state of affairs that the law provides against is not enough to constitute a crime, at any rate in the case of the more serious crimes. For instance, the IPC is replete with words which indicate the mental state of the mind. It is the failure of a person to act with the standard of care expected of a reasonable or a prudent person.
The chapter on General Exceptions, in ultimate analysis, enumerates the circumstances that appear incompatible with the existence of the required gui17 mind or mens rea and thereby exempts the doers from criminal liability.
Intention is the desire to achieve a certain purpose. The difference between an intention to cause death in the first case and an intention to cause such bodily injury as likely to cause death in the second case is a difference of degree only.
The demarcating line between knowledge and intention is no doubt thin, but it is not difficult to perceive that they connote different things.
But in law, it generally means the law abiding, cautious, careful person, who is the personification of all virtues. So, if a person in performing some act, either: SectionIPC makes the selling, hiring, distributing, publicly exhibiting, importing, exporting etc of obscene books, pamphlets, writings, drawings etc an offence.
Motive is the reason for an action ie what impels a person to act, such as ambition, envy, fear, jealousy, etc. Every individual has the freedom to act freely.
As far as the offence of culpable homicide is concerned, there are three species or degrees of mens rea or intention present: It is the fore knowledge of the act coupled with the desire of it. Get Full Essay Get access to this section to get all help you need with your essay and educational issues.
If death is a likely result it is culpable homicide; murder. The element of mens rea as an essential ingredient of a crime is also approved by the growing modern philosophy of penology. However, the requisite guilty state of mind varies from crime to crime.
Is A guilty of murder? Hence A is not guilty of murder.
This freedom is not without its concomitant expectations and obligations. A person can be supposed to know when there is a direct appeal to his senses. A man expects the natural consequences of his acts and therefore he is presumed to intend the consequences of his acts.
For instance, causing injury to an assailant in private defence is no crime but the moment injury is caused with intent to take revenge, the act becomes criminal.
Every person is born free and has the freedom to live in a free manner. In Hitendra Vishnu Thakur v State of Maharashtra,62 the court once again emphasised that for an offence under TADA, an act must be committed with the intention and motive to create terror as contemplated under the Act.
However, they preferred to import it by using different terms indicating the required evil intent or mens rca as an essence of a particular offence. Intention and Motive Intention and motive are often confused as being one and the same.
A person may act from a laudable motive, but if his intention causes wrongful loss, his crime is complete, irrespective of his motive. Its Objective The object of the law is always to punish a person with a guilty mind. Once a person makes a choice, he has to take the responsibility for the same.
From this, it follows that every person who has the capacity to discern and discriminate, has a moral duty to choose right over wrong and good over evil. Therefore, in the absence of an intention strike terror, even if the consequence of their act resulted in creating terror, it acquitted the accused.
The fact that mens rea has been made central to criminal liability, also includes that every person has the capacity to choose between right and wrong. The underlying principle of the doctrine of mens rea is expressed in the familiar Latin maxim actus non facit reum nisi mens sit rea—the act does not make one guilty unless the mind is also guilty.THE CONCEPT OF MENS REA IN TUE CRIMINAL LAW EUGENE J.
CHESNEY*' The essence of criminal law has been said to lie in the maxim-"actus non facit reum nisi mens sit rea.". Mens rea means guilty mind and is the evil state of mind of the person committing the guilty act, it's also known as intent.
The law will look at the depth of. For this assignment, examine the concepts of mens rea and actus reus as outlined in Chapter 2, of the Peak () text. The Louisiana murder trial of Yoshihiro Hattori illustrated both actus reus and mens rea quite vividly.
MENS REA: THE WRITING STYLE AND FEMINISM OF LAKAMBINI SITOY A Thesis Design presented to Dr. Lito Diones, Ed.
D. Of the Graduate School of Literature, Communication, and Other Languages. IPC Mens Rea Essay Sample.
Mens rea is a technical term, generally taken to mean some blameworthy mental condition, the absence of which on any particular occasion negatives the condition of crime. Other well-known examples of Latin phrases used in the law are “habeas corpus,” “pro bono,” and “mens rea.” Lawyers and judges will often use common Latin words and phrases without a translation, so it may be useful to learn a few of them if you are reading or writing law-related works.Download