Search The Law Commissions Draft Criminal code Over the past years, the mental elements of intention, recklessness and negligence have been an issue of controversial significance among judges, legal scholars and the society in general. It is highly probable and proclaimed that the main elements of mens rea intention, recklessness and negligence are distinct in their meanings. However, some academics tend to differ with this notion stating that these elements are interrelated making it possibly difficult to distinguish between them. This in turn, has made the appropriate meaning and understanding of these three concepts ambiguous and confusing.
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Get Access IPC Mens Rea Essay Sample Mens rea is a technical term, generally taken to mean some blameworthy mental condition, the absence of which on any particular occasion negatives the condition of crime. It is one of the essential ingredients of criminal liability.
The term mens rea has been given to the volition, which is the motive force behind the crinjinal act. Ordinarily, a crime is not committed, if, the mind of the person doing the act is innocent. There must be some blameworthy condition of mind mens rea before a person is made criminally liable.
For instance, causing injury to an assailant in private defence is no crime but the moment injury is caused with intent to take revenge, the act becomes criminal.
However, the requisite guilty state of mind varies from crime to crime. What is an evil intent for one kind of offence may not be so for another kind.
For instance, in the case of murder, it is the intent to cause death; in the case of theft, an intention to steal; in the case of rape, an intention to have forcible sexual connection with a woman without her consent; in the case of receiving stolen property, knowledge that the goods were stolen, and in the case of homicide by rash and negligent act, recklessness or negligence.
The underlying principle of the doctrine of mens rea is expressed in the familiar Latin maxim actus non facit reum nisi mens sit rea—the act does not make one guilty unless the mind is also guilty.
The mere commission of a criminal act or bringing about the state of affairs that the law provides against is not enough to constitute a crime, at any rate in the case of the more serious crimes. These generally require, in addition, some element of wrongful intent or other fault.
If A is walking down a crowded street, and if B accidentally steps on his foot, after the momentary anger and irritation, A is likely to graciously accept the word of apology and carry on walking.
But suppose C who was not exactly in the best of terms with A, or for that matter even if C were a stranger and he walked up to A and stamped his foot deliberately, A is more likely to turn around and abuse him or stamp his foot in return.
After all, in both the instances, the nature of injury or hurt caused to A is the same— a person stamped his foot. The difference is in the fact that in the first instance, A felt B stamped his foot by mistake without intending to hurt A and hence is innocent.
This is exactly the intention of law when it stipulates that mens rea or guilty intention is the sine qua non of a criminal act and is an essential element of a crime.
Similarly, if law were to punish persons who acted innocently and who had no intention whatsoever to cause harm, then there would be no public acceptance of the same. The fact that mens rea has been made central to criminal liability, also includes that every person has the capacity to choose between right and wrong.
Once a person makes a choice, he has to take the responsibility for the same. Every person is born free and has the freedom to live in a free manner.
Every individual has the freedom to act freely. This freedom is not without its concomitant expectations and obligations. Freedom to act freely also means that every person has the capacity and ability to choose between right and wrong, good and evil. From this, it follows that every person who has the capacity to discern and discriminate, has a moral duty to choose right over wrong and good over evil.
Its Objective The object of the law is always to punish a person with a guilty mind. It does not want to put behind bars an innocent person who may have had the misfortune of being involved in an incident and event, which he did not have the intention of participating in.
These words have been used in the different definitions of crime to indicate the state of the mind of the person at the time of commission of the offence. The existence of the guilty mind or mens rca at the time of commission of the actus reus or the act alone will make the act an offence.
For instance, the IPC is replete with words which indicate the mental state of the mind.Mens rea is a Latin term meaning “guilty mind” - Mens Rea Essay introduction. It refers to the criminal intent that is necessary as an element to be proven in a crime. It refers to the criminal intent that is necessary as an element to be proven in a ashio-midori.com://ashio-midori.com The Mens Rea of a crime refers to the mental element or the state of mind the defendant possesses in order to be liable for an offence.
Mens Rea can be any one of four elements, Transferred Malice, Recklessness, Gross Negligence or Intention. If you are the original writer of this essay and no longer wish to have the essay published on. · of mens rea terms, firmly establishes element analysis in place of offense analysis, and recognizes that the doctrine of mistake is part and parcel of the basic analysis of mens ashio-midori.com://ashio-midori.com Mens Rea And Actus Reus Write my research paper Focusing on the conceptualization of actus reus and mens rea,This assignment needs to be in APA Style words and 2 Write my research paper Focusing on the conceptualization of actus reus and mens rea,This assignment needs to be in APA Style words and 2 to 4 ashio-midori.comse the answer ashio-midori.com "A person can not usually be found guilty of a criminal offence unless two elements are present: actus reus and mens rea.
Both these terms have a very specific meaning which varies according to the crime, but the important thing is that to be guilty of an offence, an accused must not only have /5(3). Mens rea is itself incapable of a single definition.
Every crime has its own mens rea which must be ascertained from the words of the relevant statute or the appropriate case law. The term refers to that element of a criminal offence which relates to the mental state of the ashio-midori.com://ashio-midori.com