Mens rea as a Necessary Element in Criminal Liability (Indian Penal Code, 1860)
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. The maxim governing the above proposition is actus non facit reum, nisi mens sit rea, i.e., the act itself does not constitute guilt unless done with a guilty intent.There must be an intention to do some act before a person can be guilty of crime. In the words of Lord Kenyon “the intent and act must both concur to constitute a crime.” Thus mens rea in the case of murder means malice aforethought; in the case of theft an intention to seal and in…