Mens Rea Definition

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Mens Rea is the integral element in a criminal liability. Any act which is forbidden by law can be deemed as a criminal act. And when such an act is constituted it is very important that the act must be coupled with both the Mental element as well as the act done. When the act is not supplemented by the mental element then a crime may not be constituted, as the Latin maxim Actus non facit reum, nisi mens sit rea gives us a clear picture on the ingredients to constitute a crime and deciding its liability. The above understood latin saying depicts the connection between mens rea and a wrongdoing as a rule. Actus reus implies a wrongful demonstration. Mens rea implies a wrongful goal. The saying implies that a demonstration
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Will, violation, motive , purpose, object, view, intention, intent, specific intent or intention, wish, desire, necessity, coercion, compulsion, duress- such terms which do indeed overlap in certain contexts, seem frequently to be used interchangeably, without definition, and regardless that in some cases the legal usage is a term of art differing from popular usage. S if this were not enough, latin expressions which are themselves ambiguous, and more often overlap more than one English terms, have been freely used-especially animus and Mens…show more content…
Various tricks have been divulged in the previous 20 years. From Harshad Mehta to 2G trick, all have contributed towards hurting the general public. Truth be told, in 1962, the Government of India under Lal Bahadur Shastri (the then Home Minister) set up a Committee (Santhanam Committee) on Prevention of Corruption, which proposed certain financial offenses to be made a piece of the Indian Penal Code, 1860 as another Chapter. In any case, tragically this did not happen.
Contrasting methodologies with breaking down the components of a wrongdoing, in the present angle the courts and authors utilize the expression actus reus and mens rea in distinctive faculties and it can't be attested that one use is certainly right and others off-base. Glanville Williams composes on the rule of such viewpoints, for example,

• An actus reus + mens rea – Defences = Guilt
As per this universal perspective point a man may bring about an actus reus with mens rea yet not be liable of the wrongdoing being referred to in view of the presence of aDefence.

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