MENS REA
Rough draft for partial fulfilment OF criminal law-1 ON THE TOPIC:- “relevance mens rea in satautory provisions”
PRESENTED BY: - KUMAR MANGALAM
B.A.LLB, 3rd SEMESTER, 2nd YEAR
ROLL NO.:- 936
SUBMITTED TO: - father peter ladis
Date:-
INTRODUCTION ABOUT THE TOPIC
As a general rule, unless a person has committed the necessary ' 'actus reus ' ', one cannot be found guilty; nevertheless there are some exceptions. Now, it is suitable 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 accompanying mental state of the actor… ' ' 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.
Today most crimes, including common-law crimes, are defined by statutes that usually contain a word or phrase indicating the mens rea requirement. A typical statute, for example, may require that a person act knowingly, purposely, or recklessly.
Crimes involving mens rea are of two types, (i) crimes of basic intent and (ii) crimes of specific intent.
Mens rea: Latin 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."
There are various criminal acts done in society of present era, and if we did not look up to the actus Reus, and mens rea in combined manner then there will be many instances where the guilty person will escape from the penalty for his criminal act that he had done. So the reason behind the study of this topic is to find the correct use of mens rea in different statutory offences and to make the law helpful for the society as a whole.
PRESENTED BY: - KUMAR MANGALAM
B.A.LLB, 3rd SEMESTER, 2nd YEAR
ROLL NO.:- 936
SUBMITTED TO: - father peter ladis
Date:-
INTRODUCTION ABOUT THE TOPIC
As a general rule, unless a person has committed the necessary ' 'actus reus ' ', one cannot be found guilty; nevertheless there are some exceptions. Now, it is suitable 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 accompanying mental state of the actor… ' ' 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.
Today most crimes, including common-law crimes, are defined by statutes that usually contain a word or phrase indicating the mens rea requirement. A typical statute, for example, may require that a person act knowingly, purposely, or recklessly.
Crimes involving mens rea are of two types, (i) crimes of basic intent and (ii) crimes of specific intent.
Mens rea: Latin 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."
There are various criminal acts done in society of present era, and if we did not look up to the actus Reus, and mens rea in combined manner then there will be many instances where the guilty person will escape from the penalty for his criminal act that he had done. So the reason behind the study of this topic is to find the correct use of mens rea in different statutory offences and to make the law helpful for the society as a whole.
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