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    Crime, Actus Reus, Mens Rea, Statutory Offences UPSC LAW OPTIONAL NEW

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    Crime, Actus Reus, Mens Rea, Statutory Offences UPSC LAW OPTIONAL NEW

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    Crime, Actus Reus, Mens Rea, Statutory Offences UPSC LAW OPTIONAL NEW

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    maheswarir731

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    of 30

    General principles of

    criminal liability: Mens rea


    and actus reus, mens rea in
    statutory offences.
    Bharatiya Nyaya Sanhita, 2023 Replaced IPC.

    Section 358 of BNS -

    LS - 20th Dec 2023


    RS - 21st Dec 2023
    CRIME
    President - 25th Dec 2023
    CIF - 01st July 2024
    How Law Optional is affected?

    Topic 1 : General principles of Criminal liability: mens rea and actus


    reus, mens rea in statutory offences.

    Topic 2 : Kinds of punishment and emerging trends as to abolition


    of capital punishment - 53-> 4 = 5 --> 6 Punishments.
    CRIME
    How Law Optional is affected?

    Topic 3 : Preparations and criminal attempt.. 511--> 62

    CHAPTER 4 - AB, CC, ATTEMPT

    ABETMENT CRIME
    Abetment of thing - 107-> 45
    Abettor - 108-> 46
    Punishment. 109--> 49

    Abetment - 107-120--> 45--> 60


    How Law Optional is affected?

    Topic 4 : General exceptions. CIV --> CIII - 76-106 --> 14--> 44

    76,79 --> 14,17 - Mistake - BBL & JBL


    77,78--> 15,16- Judicial Acts
    80,81--> 18,19 - Accident & Necessity CRIME
    82,83 -->20,21 - Infancy
    84,85,86--> 22-24 - Unsound & Intox.
    87-94-->25-32- Consent
    95-->33 - Trivial Acts
    96-105->34-44 -- Private Defence
    Bharatiya Nyaya Sanhita, 2023 Replaced IPC.

    Topic 5 : Joint and constructive liability.

    Section 34- Common Intention- Section 3(5)


    Secs.35-38- ---------------------->Secs. 3(6)-(9)
    CRIME
    2023 UPSC - No Question

    "The existence of mens rea along with commission of


    actus reus makes the act an offence." Explain.
    CRIME
    UPSC 2022.

    What are the elements of crime? Elaborately discuss


    mens rea with relevant case laws. UPSC 2014.
    Criminal law prescribes rules of behaviour to be observed by
    all persons and punishes them for deviance, transgression or
    omission.

    Crime - Act or omission - defined by law - punishable in


    nature.
    Offence- denotes a thing made punishable by this Sanhita
    CRIME
    (24 BNS/ S.40 OF IPC)
    Crime => NOT A CRIME & VICE VERSA. Eg - Adultery and
    attempt to commit suicide. SATI Vice versa.

    WHICH ACT OR OMISSION ARE CONSIDERED TO BE A


    CRIME/OFFENCE?
    4 IMPORTANT APPROACHES - ON WHAT IS CRIME.
    1 - PUBLIC WRONG. Crime = act/omission in
    violation of public rights or duties in a community.
    [Blackstone]
    2- MORAL WRONG - Crime = Immoral + Anti-social
    CRIME
    acts. [GARAFALO]
    3 - CONVENTIONAL WRONG - Crime = Behaviour in
    violation of Criminal law. [Sutherland]
    4 - SOCIAL WRONG. - Crime = Act = Harmful to
    society [John Gillin]
    ELEMENTS OF CRIME.
    “Actus non facit reum nisi mens sit rea” - An act does not
    make one guilty unless the mind is also legally
    blameworthy. [Actus Reus + Mens Rea --> Crime] +
    Contemporaneous.

    ACTUS REUS. CRIME


    Actus - An Act [which is a physical result of human
    conduct] + Reus - Forbidden by law
    Which is [Voluntary] - on his own
    Executioner hanging a criminal or Army official killing
    terrorist?
    Act includes omission. CRIME
    Intentional inaction or not doing.
    WHEN OMISSION are liable.
    Special relationship to victims.
    Spouse/Parent or in laws/ Employer-
    employee.
    Duty under Statutory law or private
    contract. etc.. eg: factory Act safe guard
    MENS REA.
    Mens rea - Ill Intention.
    MR ------ to find mental state of a person.
    Prosecutor - to convict an accused - req. to prove -
    beyond any reasonable doubt- that the suspect
    actively and knowingly participated in a crime. CRIME
    If accidental or unavoidable - innocent.
    HOW TO FIND? (1) Previous relationship (2) What
    gain or loss -out of whole affair.
    RULE OF CONTEMPORANEITY.
    Lord Kenyon C.J. in Fowler v. Padget [1798] 101
    ER 1103 at 1106. "The intent and the act must
    both concur to constitute the crime." UPSC
    2019.
    For a person’s liability to be established it
    CRIME
    must be shown that the accused possessed the
    necessary Mens rea at the time the Actus reus
    was committed or that the two must coincide.
    Example : Theft - Taking Iphone.
    REGINA V. PRINCE.
    Prince - abducted v. marriage- 14-Annie Phillips - believing to be
    18 yrs. Pleaded mistake of fact.
    Conviction based on immorality
    Held : Where a statute is silent as to the mens rea for an
    offence, the court is not bound to read a mens rea CRIME
    requirement into the statute. The offence was one of strict
    liability as to age, therefore a mens rea of knowledge of the
    girl’s actual age was not required to establish the offence. H’s
    reasonable belief was therefore no defence, and the conviction
    was upheld.
    REGINA V. FAULKNER. -X Sailor - tried to steal rum from a barrel - to check
    lit match stick - set fire accidentally to ship.

    Lords Fitzgerald and Palles conclude that the Mens rea requirement means
    that Faulkner (Accused) must have at least intended to do something
    criminal that might reasonably have been expected to have led to the
    actual harm for which he is charged. Thus, Faulkner ought not be liable for
    the offense of burning a ship when he intended only to steal rum from it; CRIME
    such conduct, in the normal course of things, does not lead one to
    reasonably foresee that a ship will be destroyed.

    TAKEAWAYS : (1) Conviction - mens rea - not on immoral or other grounds.


    (2) Each offence- will have distinct mens rea for conviction. [Offence of
    burning ship v. theft]
    MENS REA IN IPC/BNS | Doctrine of mensrea
    Doctrine not strictly applicable under IPC/BNS.
    Essence of doctrine is found in IPC/BNS.

    1) Each offence = particular intent. "intentionally", "dishonestly",


    "voluntarily", "fraudu­lently", "malignantly", "maliciously" and likewise.
    CRIME
    2) Absence of mens rea is said to acquit criminal. C- IV G.E - Mistake of
    fact, judicial act, accident, necessity etc

    DEGREE OF MENS REA.


    (1) Intention
    (2) Knowledge
    (3) Negligence & Rashness.
    INTENTION.
    Denote - State of mind of a man - who foresees +
    desires a possible consequences of a conduct
    OR Determination to act in a particular manner.
    Mere intention = not punishable.
    Intention +? = Criminal Act.
    CRIME
    MOTIVE. WHY?
    It incites or stimulates action.
    It prompts a person to form intention.

    Example : Stealing a tablet (motive to save )- after


    killing 5 guards (intention )
    KNOWLEDGE.
    Having mental cognition/awareness of it/something.
    Every man is supposed to intend the natural
    consequence of his act.

    V. ‘Intention’ requires something more than the mere CRIME


    foresight of the consequences, namely the purposeful
    doing of a thing to achieve a particular end.

    Dropping a flower pot from 11th Floor - knowing


    consequence thus harming someone
    NEGLIGENCE.
    Carelessness in highest form.
    Criminal negligence is the gross and culpable neglect or
    failure to exercise reasonable care and proper
    precaution .
    Ex : rash driving on the public road CRIME
    Test : rashness was of such a degree as to amount to
    taking a hazard knowing that the hazard was of
    such a degree that injury was most likely imminent.
    Syad Akbar v. State of Karnataka (1980) 1 SCC 30.
    Whether the maxim „actus non facit
    reum nisi mens sit rea‟ in general and
    the Common Law doctrine of “mens
    rea‟ as an independent doctrine in
    particular are relevant in the
    interpretation of provisions of the
    CRIME
    Indian Penal Code?” Explain the above
    in the light of justice opinions and
    judicial pronouncements.
    UPSC 2018.
    Mere proof of presence of both the
    ‘actus reus’ and ‘mens rea’ is not
    sufficient, the concurrence between
    the two also needs to be established to
    CRIME
    impose criminal liability. Elucidate in
    the light of case law.

    UPSC 2020.
    Even without mens rea there are acts,
    which are offence under the IPC, 1860.
    Enumerate such offences.

    CRIME
    UPSC 2019.
    121- Waging war against GOI.
    121-A - Conspiracy u/s 121.
    122- Collection of arms for purpose of sec.121.
    123- Concealing intention to wage war.
    178- Refusing oath/affirmation when duly required by PS.
    179- . Refusing to answer public servant authorised to question.
    180 - Refusing to sign statement
    186 - Obstructing public servant in discharge of public functions CRIME
    228A Disclosure of identity of the victim of certain offences.
    268 - Public Nuisance.
    292- Sale of Obscence books / 293- to young person.
    294 - Singing obscene songs in public.
    294-A - Keeping Lottery Office.
    510 - . Misconduct in public by a drunken person.
    ‘Although the requirement of mens rea
    is general throughout the criminal law,
    there are numerous exceptions to it’.
    Explain with illustrations.
    CRIME

    UPSC 2009.
    Discuss the importance of mens rea
    related with criminal law. Also explain
    the role of mens rea related in
    statutory offences with the help of
    CRIME
    relevant case law.

    UPSC 2005.
    OFFENCES -
    2 TYPES.
    Malum in se - Inherently wrong.
    Malum Prohibitum - Prohibited by law.
    Every offence - req. Mens Rea.
    However - MR can be excluded - if the legislature prescribes in that
    way - IT IS DONE [EXPRESSLY/NECESSARY IMPLICATION -
    Selling obscene books292 IPC/ 294 BNS] CRIME
    Dineshchandra Jamnadas Gandhi vs State Of Gujarat 1989 SCC -
    "The offences under the 'Act' are really acts prohibited by the police-
    powers of the State in the interests of public health and well being.
    The prohibition is backed by the sanction of a penalty. The offences
    are strict statutory offences. Intention or mental state is
    irrelevant...The actus reus is itself the offence.,.."
    1) Modern Social law.
    PCRA, 1955 - St. of Karnataka V. Appa balu Ingale. 1995 SC - Discrimination
    against SC/ST.
    2) Industrial law.
    Factories Act, 1948 - St. of Gujarat v. Kansara Manilal Bhikalal 1964 SC -
    Manager -Asking to work before/after Working hours.
    3) Fiscal laws. IT Act 1961.
    4) Economic Offences - FERA 1947. MH George v. St. of Maharashtra - CRIME
    Smuggling - without MR.
    5) Public Welfare Law. (Prevention Food Adult Act, 1954) - Sarjoo Prasad
    v. The State of U.P., [1961] 3SCR 324
    6) Some provision of IPC -Sec.292 / 294 BNS
    7) Contempt of Court. (Rajendra Sail V. MP HC Bar Assn. 2005)
    8) Public Nuisance.
    USA -
    US - General presumption - Exclusion of MR. Parking offences,
    speeding ETC.
    Corpus Juris - Motive /Knowledge/ Ignorance - Not a defence
    for strict liability statutory offences

    UK CRIME
    WRIGHT J | Sherras v De Rutzen [1895] 1 QB 918 - Always Imply MR -
    unless exp. excluded.
    Same is Followed in Sweet V. Parsley (1970). + One section - has MR
    and other does not have MR. Does not ALWAYS mean - latter
    creates ABSOLUTE OFFENCE. See Intention of maker b4 such
    conclusion.
    Interpretation favourable to Accused should be adopted.
    What Kinds MR is excluded. : Public Nuisance, Contempt
    of court, pollution, food & Drugs etc..

    INDIA.
    What offences - generally excluded.
    Srinivas Mall v. Emperor AIR 1947 PC 135 + Nathulal V. CRIME
    State of MP - MR is essential for all statutory offences. It
    can be excluded EXPRESSLY OR NECESSARY
    IMPLICATION.
    State of Maharashtra v. MH George [German Smuggler]
    Zurich (Swiss) to Manila (Phill)
    Landed in Bombay. Custom officer - 34 gold in Jacket. 27/11/1962.
    24/11/1962 - RBI disallowed gold in transit - Imprisonment - Sec.8
    of FERA - Def I dont intend to smuggle
    Section 8 did not MR word in it. CRIME
    He was convicted - as MR clause is not there.

    Ranjit D Udeshi v. St. of MH - Selling porngraphic magazines without


    knowledge can be held liable u/s 292 IPC

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