An act is not an offence unless it is committed with a guilty intention. "actus non facit reum, nisi mens it rea". Thus, for an act to be a crime, two essentials are required:
Actus reus- the wrongful act
Mens rea- guilty or wrongful intention
Intention is the most important factor in determining the extent of liability in case of am offence. Though the term 'intention' is not defined under the Indian Penal Code, 1860, it is implied by the terms dishonestly, fraudulently, voluntarily, 'criminal knowledge or intention'.
Section 24 provides that whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another is said to do that thing dishonestly.
Section 25 provides that a person is said to do a thing fraudulently if he does that thing with intent to defraud not otherwise.
Section 39 provides that a person is said to cause an effect voluntarily when he causes it by means whereby he intended to cause it or by means which at the time of employing those means, he knew it had reasons to believe to be likely to cause it.
When mensrea is not necessary-
(1) where a statute imposes strict liability- eg FERA, NDPS
(2) when it is difficult to prove mensrea- offences punishable with petty fines
(3) in cases of public nuisance- in the interest of public safety
(4) criminal cases which are summary mode of enforcing civil rights
(5) in cases of mistake of law- ignorantia juris non excusat
Stages of crime
The various stages of crime causation are as follows:
(1) intention- this is the first stage when a person decides to commit an offence. It is not punishable.
(2) preparation- this is the second stage when in furtherance of the intention, the person starts preparing for the offence. It is not punishable generally except in the cases of sedition, preparing counterfeit coins, etc
(3) attempt- attempt is the third stage at which the person makes an overt act in furtherance of his intention. It is punishable.
(4) commission- this is the last stage when the offence contemplated is actually committed and results in the intended effect. It is punishable.
Actus reus- the wrongful act
Mens rea- guilty or wrongful intention
Intention is the most important factor in determining the extent of liability in case of am offence. Though the term 'intention' is not defined under the Indian Penal Code, 1860, it is implied by the terms dishonestly, fraudulently, voluntarily, 'criminal knowledge or intention'.
Section 24 provides that whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another is said to do that thing dishonestly.
Section 25 provides that a person is said to do a thing fraudulently if he does that thing with intent to defraud not otherwise.
Section 39 provides that a person is said to cause an effect voluntarily when he causes it by means whereby he intended to cause it or by means which at the time of employing those means, he knew it had reasons to believe to be likely to cause it.
When mensrea is not necessary-
(1) where a statute imposes strict liability- eg FERA, NDPS
(2) when it is difficult to prove mensrea- offences punishable with petty fines
(3) in cases of public nuisance- in the interest of public safety
(4) criminal cases which are summary mode of enforcing civil rights
(5) in cases of mistake of law- ignorantia juris non excusat
Stages of crime
The various stages of crime causation are as follows:
(1) intention- this is the first stage when a person decides to commit an offence. It is not punishable.
(2) preparation- this is the second stage when in furtherance of the intention, the person starts preparing for the offence. It is not punishable generally except in the cases of sedition, preparing counterfeit coins, etc
(3) attempt- attempt is the third stage at which the person makes an overt act in furtherance of his intention. It is punishable.
(4) commission- this is the last stage when the offence contemplated is actually committed and results in the intended effect. It is punishable.
