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Rethinking Mens Rea

By Rabindra Kr. Pathak

Published In

CRLJ 2010

Prefatory It is taken to be the settled principle of criminal law that mens rea and actus reus are the twin requirements of crime, though there are notable exceptions. While the latter refers to “such result of human conduct as law seeks to prevent”1 the former indicates the mental element. Generally actus reus backed by mens rea is necessary to impute criminal liability2 Injury caused without mens rea might be grounds for civil liability but typically not for criminal. Criminal liability requires not only a prohibited harm or evil but also a particular state of mind with regard to causing that harm or evil.3 Lord Goddard, C. J. was of the view that it is of utmost importance for the protection of the liberty of the subject that a Court should always bear in mind that, unless a statu ....

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