Mens Rea
February 19, 2014
Mens Rea is a latin word which means
guilty mind. Mens rea is an intention to do an act which is punishable in the
eye of Statute or in the Common Law of the country. There is a Latin phrase
that is actus non facit reum nisi mens sit rea, which means "the act does
not make a person guilty unless the mind is also guilty".
So we can say that guilt mind is the pre-condition to determine an act as crime. Criminal liability does not with a person who acts with the absence of guilty mind. Mens rea refers to the mental element of the offence that accompanies the actus reus(guilty act)
There are two states of mind which constitute mens rea and they are intention and recklessness. In criminal law, intention is one of the three general classes of mens rea necessary to constitute a conventional as opposed to strict liability crime. These are intention, knowledge and recklessness. Recklessness may constitute an offense against property or involve significant danger to another person.
So we can say that guilt mind is the pre-condition to determine an act as crime. Criminal liability does not with a person who acts with the absence of guilty mind. Mens rea refers to the mental element of the offence that accompanies the actus reus(guilty act)
There are two states of mind which constitute mens rea and they are intention and recklessness. In criminal law, intention is one of the three general classes of mens rea necessary to constitute a conventional as opposed to strict liability crime. These are intention, knowledge and recklessness. Recklessness may constitute an offense against property or involve significant danger to another person.