This article is written by Yashaswi Tiwari.

The Doctrine of Mens Rea and its application under IPC

Introduction

Crime is defined as an act or omission that constitutes an offence which is prohibited and punishable by law.^[1] It includes violation of a legal duty that is socially unacceptable and harmful to the society at large. The essential ingredients of a crime include:

Mens Rea (Guilty Mind)

It refers to a mental state or an intention to commit a crime. It shows that a person who is committing any crime has a guilty intention. It only includes the mental element to commit a crime.

Actus Reus (Guilty Act)

It refers to the actual commission of an act that constitutes a crime. It is the final commission of a crime, which can be an action (e.g., rape, murder) or an omission to perform certain legal duty.

There is maxim which defines the doctrine of Mens Rea which is “Actus non facit reum nisi mens sit rea”, which means the intent and the act both should be present to constitute a crime.

Historical Background Of Mens Rea

Initially, it was considered that “The doer of an act was liable even if he committed that act innocently or with a guilty mind”. Hence, the purpose of the law was only to give punishment to anyone who commits a crime without determining whether he is innocent or guilty.^[2]

The Romans recognized the importance of the doer’s intent. They introduced a term “dolus” which refers to a wrongful intent, and was crucial in determining the intention behind the commission of crime.

Over the years, English criminal law believed in the requirement of Mens Rea to prove a certain crime. In order to do so, scholars adopted the maxim “reum non facit nisi mens rea”^[3] to develop new ideas which finally evolved and became the part of “actus non facit reum nisi mens sit rea.” which means the act will not be considered as crime unless the intention is also malafide.

Further the industrial revolution and legal reforms led to the codification of laws. This period saw the incorporation of Mens Rea into statutory law.^[4] For example, the Indian Penal Code (1860), which is drafted by Lord Macaulay, integrated the concept of Mens Rea into various offences.

The doctrine of Mens Rea in Criminal Law

Mens Rea, a Latin term meaning “guilty mind or evil intention,” is a fundamental principle in criminal law that refers to an ill intention to commit a certain crime^[5]. Here, the term ‘Mens’ means mental element and ‘Rea’ means forbidden by law.

Granville Williams defines Mens Rea as follows: “Mens Rea refers to the mental element necessary for the particular crime and this mental element may be either intention to do the immediate act or being about the consequence or recklessness as to such act or consequence”.

It shows that both intent and knowledge of an offence, are crucial elements in determining criminal liability. For example, if A had an intention to kill B and he attacks B by using a deadly weapon, the intention present here shows the Mens Rea of the act.

The concept of Mens Rea ensures that only those who have a guilty mental state at the time of the commission of the offense are held responsible for that offence.

Mens Rea plays a very important role in criminal law for determining criminal liability and ensuring justice to the victim. This is vital for establishing the charges and appropriate punishments.

Mens Rea ensures that only those who have a morally blameworthy state of mind are punished, and to protect innocent individuals from being held liable for unintended actions without any guilty mind.

By requiring proof of Mens Rea, the Courts prevent arbitrary prosecutions, uphold fairness, promote responsible behavior, and provide justice to the needy. The object of Mens Rea is to punish a person with a guilty mind.

Mens Rea is ascertained by understanding what a reasonable person will do if he is placed in such a situation. For example, if C hits D with a knife in D’s chest, repeatedly, and causes D’s death, he shall be presumed to have intended to cause the death of D, and he cannot claim that he just intended to cause a minor injury only.

Elements of Mens Rea

Intention

It signifies that the person had a clear purpose or motive to engage in a specific criminal act.^[6] The person doing the act is aware of the consequences of his actions.

Example: To establish murder under sec 300, intention has to be established.

II. Knowledge

Knowledge refers to the awareness of certain facts that make an act illegal.[7] The person is aware that his actions are against the law of the land and understands that his conduct will lead to a specific outcome that is prohibited by law.

Example: A person who knowingly involved in human trafficking or smuggling of goods understands that his action is unlawful.

III. Recklessness

Recklessness involves a certain risk from doing a particular act. The person doing that act is aware of the risk but ignores it and chooses to proceed with his actions anyway^[8].

Example: Driving at a high speed through a crowded area, knowing the potential danger to pedestrians.

IV. Negligence

It involves a lack of due care and conduct which is expected from a reasonable person. The person doing that does not recognize the risk.

Example: if A throws a stone out of his window in the street, he might not intend to hurt anyone but it can injure a passer-by, here A is negligent.

Provisions under Criminal Law which deals with Mens Rea

Mens Rea has not been mentioned in IPC anywhere. However, while defining crime, the court always look into whether Mens Rea is present or not. Many serious crimes require proof of Mens Rea before a person can be convicted.

In other words, the prosecution must prove that not only the accused had committed the crime but also had the evil intention to do such an act.

Many definitions in the penal code mention words like -Intentionally, Knowingly, Voluntarily, Dishonestly, Fraudulently, Malignantly, Wantonly, Maliciously, Wrongful Gain or Wrongful Loss, Reason to Believe, etc.

All these words reflect blameworthy mental condition. Some of these examples are:^[9]

Section 299 -Culpable Homicide: This section defines culpable homicide as the act of causing death with the intention of causing death or with the knowledge that the act is likely to cause death^[10].

Section 300 – Murder: Murder is defined as culpable homicide committed with specific intentions, such as intention to cause death, intention to cause bodily injury resulting in death, or intention to commit an act known to cause death^[11].

Section 415 – Cheating: To establish the offence of cheating, the prosecution must prove that the accused acted dishonestly with the intention of deceiving another person^[12].

State of Maharashtra v. M. H. George

Facts – In the case of State of Maharashtra v. M. H. George, RBI published a notification where it was stated that any article like gold, silver, or currency notes have to be declared in the manifest for transit. The accused with smuggled gold was boarding a Swiss plane, in which his gold was not declared in the manifest and he got arrested.

Decision – The court held that unless a statute clearly rules out Mens Rea as an essential part of a crime, a defendant should not be held guilty of an offense unless he has a guilty mind. ^[13]So, there was no question of Mens Rea here as the accused was not aware of the new notification but he got prosecuted because of Ignorantia lex non excusat which means ignorance of law is no excuse.

Exceptions of Mens Rea

Public nuisances

A public nuisance is a criminal offense in which an act or omission harms, or causes trouble to the general public. As a result, these offenses are penalized whether there is a mental element is present to perform them or not.^[14]

Petty offences

Petty offenses are the offenses that are not so serious in nature. Like speeding the car on the highway, here proving the Mens Rea in such an act might be a challenge.

Strict liability

Strict liability offenses are those in which the prosecution does not need to show that the defendant behaved with a guilty mental state since their conduct is sufficient to establish the crime.^[15]

Insanity or Infancy

When a person is not able to differentiate between what is right and what is wrong, the law presumes that this person cannot comprehend the nature of his act due to insanity or immaturity and thus he cannot have a guilty intent to commit an act.

Conclusion

In summary, Mens Rea is a one of the essential elements in determining a criminal act. It ensures the validity of a criminal act by considering the mental state of the accused. It helps in differentiating between intentional and unintentional acts, thereby helps in determining the appropriate level of culpability and punishment. This doctrine of mens rea remains dynamic, adapting to changing societal values and legal principles.

K I Vibhute, P S A Pillai’s Criminal Law (14th ed., 2019) 41 ↑
Eugene J. Chesney, Concept of Mens Rea in Criminal Law, Journal of Criminal Law and Criminology, Vol.29, No.5, 627 (1939) ↑
‘Tracing the Development of Mens Rea’ ( nujssacj, 14 june 2021) <Tracing the Development of Mens Rea (nujssacj.com) > accessed 17 june 2024 ↑
H.D.J. Bodenstein, Phases in the Development of Criminal Mens Rea, South African Law Journal, Vol. 36, No. 4, 330 (1919) ↑
‘Mens Rea (Guilty Mind): Meaning and its Judicial Interpretation’ (thelegalquotient, 14 april 2023) < Mens Rea (Guilty Mind): Meaning and its Judicial nterpretation (thelegalquotient.com)> accessed 17 june 2024 ↑
‘All you need to know about Mens Rea’ – (iPleaders, 18 Jan 2022) < All you need to know about Mens Rea – iPleaders> accessed 18 June 2024 ↑
Doctrine of Mens Rea and it’s application under IPC (Legal 60, 21 march 2021)< Doctrine of Mens Rea and it’s application under IPC – Legal 60> accessed 17 June 2024 ↑
mens-rea-an-important-element-to-criminal-law (ijalr) < Mens Rea – An Important Element To Criminal Law – ijalr> accessed 19 june 2024 ↑
‘All you need to know about Mens Rea’ (iPleaders, 18 Jan 2022) < All you need to know about Mens Rea – iPleaders> accessed 18 June 2024 ↑
Indian Penal Code 1860, s 299 ↑
Indian Penal Code 1860, s 300 ↑
Indian Penal Code 1860, s 415 ↑
State of Maharashtra v. M. H. George AIR [1965] SC [722] ↑
Actus non facit reum nisi mens sit rea ( iPleaders, 29 December 2021) < Actus non facit reum nisi mens sit rea – iPleaders > accessed 19 june 2024 ↑
Mens Rea And Actus Reus – Essentials Of A Crime (iPleaders, 24 june 2016) < Mens Rea And Actus Reus – Essentials Of A Crime – iPleaders> accessed 18 June 2024 ↑