Element of Criminal Liability
Element of Criminal Liability
Element of Criminal Liability
SEC -11. "Person"=The word "person" includes any Company or Association or body of persons, whether
incorporated or not.
INTENTION INTRODUCTION:
As a general rule, unless a person has committed the necessary ''actus reus'', he cannot be found guilty; nevertheless
there are some exceptions. Now, it is apt to see that '' mens rea, in Anglo- American law, criminal intent or evil mind. In
general, the definition of a criminal offense involves not only an act or omission and its consequences but also the
The concept of mens rea developed in England during the latter part of the common-law era (about the year 1600)
when judges began to hold that an act alone could not create criminal liability unless it was accompanied by a guilty state of
mind.
Crimes involving mens rea are of two types, (i) crimes of basic intent and (ii) crimes of specific intent. In the former
clause of crimes, the mens rea does not go beyond the actus reus. In the second, it goes beyond the contemplation of
prohibited act and foresight of its consequence has a purposive element. Legal mens rea means the mental element necessary
for the particular crime, and this mental element may be either intention to do immediate act or bringing about the
consequence or (in some crimes) recklessness as to such act or consequence. In a different and more precise language, the
mens rea means intention or recklessness as to the element constituting actus reus. These two concepts, intention and
recklessness, hold a key to the understanding of large part of criminal law, some crimes require intention and nothing else
will do, but some can be committed either intentionally or recklessly. Some crimes require particular kind of intention or
knowledge.
The Apex Court in the case of Director of Enforcement vs. M.C.T.M.Corporation Pvt. Ltd.- observed thus : "Mens
rea" is a state of mind. 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 be held guilty of committing the crime."
The concept of mens rea is aptly described by Their Lordships of Apex Court in the case of Nathulal vs. State of Madhya
Pradesh - . In para no.4 of the judgment Their Lordships observed thus : "The law on the subject is fairly well settled. It has
come under judicial scrutiny of this Court on many occassions. It does not call for a detailed discussion. It is enough to restate
the principles. Mens rea is an essential ingredient of a criminal offence. Doubtless a statute may exclude the element of mens
rea, 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 fact that the object of the
statute is to promote welfare activities or to eradicate a grave social evil is by itself not decisive of the question
Class –LL.B (HONS.) II SEM. Subject – IPC
whether the element of guilty mind is excluded from the ingredients of an offence. Mens rea by necessary
implication may be excluded from a statute only where it is absolutely clear that the implementation of the
Mens rea: Latin term for "guilty mind"; guilty knowledge or intention to commit a prohibited act. Also: "a
particular state of mind such as the intent to cause, or some foresight of, the results of the act or the state of
affairs." (R v Daviault [1994] SCR 63 at para. 74) Many serious crimes require the proof of mens rea before a
person can be convicted. In other words, the prosecution must prove not only that the accused committed the
offence (actus reus) but that he (or she) did it knowing that it was prohibited; that their act (or omission) was
done with an intent to commit the crime. A maxim rich in tradition and well known to law students is actus
non facit reum, nisi mens sit rea or "a person cannot be convicted and punished in a proceeding of a criminal
nature unless it can be shown that he had a guilty mind". Not all offences require proof of mens rea such as
many statutory or regulatory offences3. As long back as 1895. Wright J. observed in Sherras v.De
Rutzen."There is a presumption that mans rea, an evil intention of knowledge of the wrongfulness of the act, is
an essential ingredient in every offence; but that presumption is liable to be displaced either by the words of
the statute creating the offence or by the subjectmatter with which it deals, and both must be consi- dered."
Considering the question of requirement of mens rea, the Hon'ble Supreme Court in Gujarat Travancore
Agency v. Commissioner of Income-tax, Kerala observed: ...In the case of a proceeding under Section 271(1)
(a), however, it seems that the intention of the Legislature is to emphasise the fact of loss of revenue and to
provide a remedy for such loss, although no doubt an element of coercion is present in the penalty. In this
connection, the terms in which the penalty falls to be measured are significant. Unless there is something in the
language of the statute indicating the need to establish the element of mens rea, it is generally sufficient to
prove that a default in complying with the statute has occurred. In para 13, In Commissioner Central Excise vs
Kc Alloys And Steel Castings which was decided on 3 August, 2006, it was held that '' It may also be noticed
that though, normally, element of mens rea is mandatory requirement before penalty can be imposed but it is
not always so required.'' In Deepa And Ors. vs S.I. Of Police, And Anr. it was held that ''Normally a charge
must fail for want of mens rea but there may be offences where mens rea may not be required. But actus reus
Class –LL.B
must(HONS.) II SEM.
always exist. Subject
Without it there cannot be any offence. Mens rea can exist without actus reus, but if there–isIPC
no actus reus there can be no crime. Even if mens rea is there, no conviction could be had without actus reus
without which there cannot be a crime. For example a man may intend to marry during the lifetime of his wife
and enter into a marriage believing that he is committing the offence of bigamy. Mens rea is there. But if
unknown to him his wife died before he married again, in spite of the mens rea there cannot be an offence of
bigamy.
In 'Lal Behari v. State (E)', it was held by the Hon'ble Bench of Allahabad High court that no
mens rea is required for an offence of contempt of court; what was meant is that no criminal