Mens Rea of a Criminal – A Short Review

Abstract

This paper explores the concept of mens rea, or the "guilty mind," in the context of criminal law, focusing on whether it should be considered when an individual commits a heinous crime. The principle "Actus non facit reum nisi mens sit rea" implies that a criminal act must be accompanied by a guilty mind to be deemed a crime. This underscores the importance of mens rea in criminal law. The bishop's assertion highlights this principle: "It is, therefore, a principle of our legal system, as it presumably is of any other, that the essence of an offence is the wicked purpose, without which it cannot exist." Despite its foundational role, the definition and application of mens rea have evolved significantly over time. This paper aims to elucidate the doctrine of mens rea by tracing its historical development, examining its various conditions and exceptions, and analyzing its role in Indian Criminal Law. The central question addressed is whether mens rea is essential for defining an act as a crime.