WHAT IS MENS REA?

What is Mens Rea?

Crime is a wrongful act that consists of two elements, i.e., malafide intention and conduct. The malafide intention is called mens rea in Latin terms. Harking back to the history of mens rea as an element of a crime, it was not considered an element of the crime. The offenders were punished regardless of the element of intention in their act. The concept of mens rea, i.e., intended as an element of the crime was introduced in the 17^th century after the legal maxim “actus non facit reum, nisi mens sit rea” which means ‘to constitute a crime the presence of the conduct as well as the malafide intention is necessary’, was propounded. This maxim made it explicit that to constitute a crime; the action has to be done in accordance with the guilty mind. The concept of mens rea into the Indian legal system was introduced by the British. Thus, Lord Macaulay incorporated it as a concept in the Indian criminal law in the first Law Commission.

Mens Rea or the mental element of a crime is essential to establish whether an act is a crime or not. Its presence in an act can acknowledge the importance of mens rea in a crime since it implies that the wrongdoer has the ability to understand the ‘good’ or ‘not good’ element of the act. However, without having an intention to cause harm to a person or a property is not considered to be a crime. Thus, the element of mens rea helps the criminal legal system to punish the offender.

The concept of mens rea can be understood by three classifications, i.e., a) intention, b) motive and c) knowledge. The ‘intention’ of a person is said to be the state of mind of the accused. It stipulates his state of mind that he can foresee consequences of the act he will commit or has already committed will cause death, grievous hurt, or any other act as specified in the Penal Code. Further, the ‘motive’ of a person is the cause that persuades a person for committing an act that is prohibited in-laws. However, this is not an element of a crime but a very pertinent point to note during the investigation of the crime. Furthermore, the ‘knowledge’ may or may not be punishable though it is a part of mens rea. A person may have the knowledge that the act is wrongful still he commits the act and secondly, he may not have the knowledge. He commits the unlawful act, in both the cases the wrongdoer is liable and punishable.

A person having mens rea is considered to have a guilty intention to commit the act after having the knowledge of the consequences of his action. If the mens rea is absent from the act of a person, his act will not constitute a crime, and hence, he would not be held liable legally.

Author: Shweta Singh