Introduction To begin this piece by giving a single definition of rape would be most futile as the evolution of the offence over the centuries has thrown up numerous definitions, some conflicting, some confusing ranging from “carnal knowledge of a woman by force and against her will”1 to “an invasion of bodily integrity and a violation of freedom and self-determination wherever it happens to take place, in or out of marriage.”2 Although the offence is defined differently in different jurisdictions, a basic element of rape that most definitions embody is sexual intercourse with a woman without her consent. Since some statutory provisions, like Section 375 of the Indian Penal Code fail to expressly mention the requirement of a mental element while defining the offence, it becomes pertinent to examine whether the basic principle actus non facit reum nisi mens sit rea ho ....