January 9, 2023
A statue of Lady Justice

Mens Rea means guilty mind in literal sense. The guilty mind of an  offender need to be proven in a a criminal act. It is a mental element in a crime . It refers to criminal mindset of a person to commit an offence.

One of the basic principles of criminal law is actus non facit reum nisi mens sit rea . This means that to constitute an offence the consequences of  physical act of an offence as well as guilty mindset of offender need to be established to make the offence fall under Indian Penal Code .  The ingredients which establish mental offence can be either intention, knowledge, dishonestly, fraudulently, reason to believe or voluntarily.

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Offence= Actus Reus +Mens Rea. By guilty mind of accused it is meant that clear and manifest intention to commit that particular criminal act or the or the knowledge of the nature of the act being committed and its consequences. Thus as per the offence under IPC if the consequences and the mental act is proved , thus the offence can be said to be committed.

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