Law Answer Writing Practice 2018 - Week 2 - Question 2
90 Days Law Answer Writing Practice Question 2 for 19-Nov-2018
Instructions for Writing Answer
1. Write your answers in the comment section.
2. Experts will provide their feedback in reply.
3. Model Answers will be uploaded on this page the next day.
4. Rectify your mistakes and progress further.
5. All the Best.
19-Nov-2018 - Question 2
What are the constituent elements of Crime? Elaborately discuss mens rea with relevant case law. (2014)- 150 Words.
For Question 1 - Click Here
There are four elements which go to constitute a crime, these are:-
• Human Being- The first element requires that the wrongful act must be committed by a human being.
• Mens Rea- The second important essential element of a crime is mens rea or evil intent or guilty mind.
The basic requirement of the principle mens rea is that the accused must have been aware of those elements in his act which make the crime with which he is charged, the principle was very well explained in R vs Tolson and R vs Prince.In Nathulal Vs State of M.P, mens rea was considered to be an essential element of an offence.
There is a well known maxim in this regard, i.e. “actus non facit reum nisi mens sit rea” which means that, the guilty intention and guilty act together constitute a crime. It comes from the maxim that no person can be punished in a proceeding of criminal nature unless it can be showed that he had a guilty mind.
The words “mens rea” are not used anywhere in the Indian Penal Code. However the framers of the Code used the equivalent words to those of mens rea in the Code very frequently. Such expressions are – Fraudulently (Section 25); Dishonestly (Section 24); Reason to believe (Section 26); Voluntarily (Section 39) etc.
Exceptions to Mens rea are –
- Strict Liability and Absolute Liability cases;
- Vicarious Liability (Hari Prasad vs State);
- General Exceptions (76-106);
- Offence of waging war against the Government of India;
- Sedition, Kidnapping, bigamy, Public nuisances; and
- Cases criminal in form but which are really only a summary mode of enforcing civil right.
• Actus Reus - The third essential element of a crime is actus reus. In other words, some overt act or illegal omission must take place in pursuance of the guilty intention.
• Injury- The fourth requirement of a crime is injury to another person or to the society at large. The injury should be illegally caused to any person in body, mind, reputation or property as according to Section 44 of IPC.