The difference between an intention Ipc mens rea essay cause death in the first case and an intention to cause such bodily injury as likely to cause death in the second case is a difference of degree only. The Court did not accept his version, and convicted him for the offence for bigamy on the ground that reasonable belief about the dissolution of marriage would be no defence to the charge of bigamy, unless the divorce would be obtained from a Court of law.
She made all possible enquiries about him and ultimately came to know that her husband Mr. The Court of Appeal by majority set aside the conviction on the ground that a bona fide belief about the death of the first husband at the time of second marriage was a good defence in the offence of bigamy.
The term mens rea has been given to the volition, which is the motive force behind the crinjinal act. Even in the strict realm of crimes this presumption of a guilty mind could be displaced by the language of the statute expressly or by its necessary intendment.
B should have realised that by running down the crowded road, there is a likelihood of stumbling over or falling over somebody and injuring him or her.
SectionIPC makes the selling, hiring, distributing, publicly exhibiting, importing, exporting etc of obscene books, pamphlets, writings, drawings etc an offence.
Only in the cases, where the applicability of Mens Rea is excluded by the Statutes, then only it can be exempted. To bring a charge under TADA, the terror or panic etc must be actually intended with a view to achieve the result as envisaged under the Act and not by merely an incidental out or a consequence of the criminal act.
In Sankaran Sukumaran vs. However, this general or traditional rule that mens rca is an essential element in IPC offences is not without its exceptions. Pillai — Criminal law 2. In fact, all the General Exceptions are illustrations of the recognition of the concept of mens rca in the IPC.
While disposing Dahya Bhai Chagganbhai Thakkar vs. The definition itself is rather peculiar, as it defines the term in relation to the effect caused by the act rather than the act itself. Negligence is not appropriate to inflict criminal liability as inadvertence, generally, can not be equated with blameworthy mind.
Only if dishonest intention is present, A will be guilty of committing theft. Attachment to the vagaries of the language is no proper basis for delineating the boundaries of criminal liability. The Supreme Court held that the element of mens rea is totally wanting in this case and the accused cannot be convicted for the offence of theft under Section The words of this Section are wide enough to cover the case of a man who, knowing that he has no vote, or already voted, knowing that another person bearing the same name as himself as a vote applies for a voting paper though that name be the same name has his own.This essay has been submitted by a law student.
This is not an example of the work written by our professional essay writers. Exclusion of Mens Rea and Socio-Economic Offences in India. IPC Mens Rea Essay INTRODUCTION 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.
’Actus non facit reum, nisi mens sit rea’ In the course of this essay we will discuss the meanings of mens rea in. the different offences then see how the law deals with the problems posed by.
the definitions, and finally the. Mens Rea is a well settled principle of common law in England.
In every statutory offence, Mens Rea is an essential ingredient. It is presumed that the wrong-doer did the offence with an ill intention. Mens rea as a Necessary Element in Criminal Liability (Indian Penal Code, ) Article shared by It is one of the principles of the English criminal law that to constitute guilt there must be a guilty intent along with the act itself and that a crime is not committed if the mind of the person doing the act in question be innocent.
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.Download