Nature, Definition, Meaning and Elements of Crime
Mens Rea
Mens rea, a Latin term meaning “guilty mind,” is a legal concept referring to the mental state of a person who commits a crime. It is one of the essential elements of criminal liability, alongside actus reus, which means “guilty act.”
In essence, mens rea signifies the criminal intent or knowledge that accompanies the commission of a crime. It emphasizes that a person cannot be held criminally responsible for an act unless they had a guilty mind while committing it.
There are different levels of mens rea, ranging from:
- Specific intent: intentionally committing a crime for a specific purpose
- General intent: knowing that the act is illegal but not necessarily intending the specific consequences
The concept of mens rea is crucial in criminal law as it ensures that individuals are punished based on their culpability, not solely on the act itself. It helps differentiate between accidental or unintentional acts and those committed with criminal intent.
Mens Rea in BNS
In BNS, the term mens rea or guilty intention is not explicitly defined. However, it makes out the ingredient of mens rea clearly by defining many offences using terms such as intentionally, voluntarily, knowingly, dishonestly, fraudulently, etc.
By using these words, BNS establishes mens rea or the guilty mind as an essential ingredient in most offences. When a doer’s action is dishonest, fraudulent, negligent, or rash, it explicitly reflects a guilty mind, thus constituting a crime.
If the definition of an offence does not expressly disclose any aspect of the intention of the doer, then mens rea is not considered an ingredient in such cases.
Motive, Intention, Knowledge & Other Elements
Mens rea generally evolves from one’s motive, intention, knowledge, etc. These constitute essential elements of a guilty mind.
Intention is the state of mind of the person committing the crime, done with a particular purpose and foreseeing the consequences.
Motive is the impelling desire that induces a person to act. It is usually hidden and underlying. Any fact that constitutes a motive or preparation related to a case is relevant.
Knowledge is the doer’s understanding of the consequences of their criminal act.
Negligence refers to the lack of due care of a prudent person, resulting in a criminal consequence. A high degree of negligence causing harm is treated as criminal negligence, while a low degree leads only to civil remedies.
Voluntarily refers to actions done under full control, with intention and sufficient knowledge of consequences.
Application of Intention & Knowledge in Crimes
The classification of killing as murder or culpable homicide depends on the degree of intention behind the act.
- If the killing is done with definite premeditated intention and sufficient knowledge of the likelihood of death, it is murder.
- If the act is done without such definite intention or knowledge, it is considered culpable homicide.
Some Acts of Criminal Nature Exempted from Punishment
For an act to be an offence, both intention and action on the part of the doer are normally required. If the act is done innocently, it cannot be termed a crime unless the statute specifically states otherwise.
Acts with Criminal Nature but No Mens Rea
For example, if a person creates a passage through another’s property mainly to access their own adjacent property, this is not considered criminal trespass. It is a civil wrong as there is no criminal intention or mens rea involved.
Distinguish Between Intention and Motive
| Basis for Comparison | Intention | Motive |
|---|---|---|
| Meaning | Purposeful action and a conscious decision to perform an act forbidden by law. | Ulterior cause that induces a person to do or abstain from doing an act. |
| What is it? | Objective | Driving force |
| Purpose | Expressed | Implied |
| Criminal liability | Substantial to determine criminal liability. | Insubstantial to determine criminal liability. |
Definition of Intention
In criminal law, intention is defined as the deliberate objective leading a person to commit a crime forbidden by law, or resulting in an unlawful outcome. The specific means used to commit the crime express the suspect’s intention.
Definition of Motive
Motive is the underlying objective behind an act that drives a person’s intent. It is the inducement or reason impelling the accused to engage in criminal activity.
