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Mens rea in ipc pdf file

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Mens rea, Mens rea is a legal phrase which is used to define the mental state of a person while committing a crime and that should be intentional. It can refer to a general intent to break the law or a specific prearranged plan to commit a particular offense. It means for committing crime, guilty intent or mens rea is not required. For instance, A, B, C planned to rob a bank and they did as per plan but during the execution of their plan, B killed Z, a customer accidentally. So, here mens rea was caused for robbing the bank but therewas no mens rea or guilty intent to kill the person Z. Section 2(2) of the 1981 Act adds that if in a trial for rape the jury has to consider "whether the man believed that a woman was consenting" the jury is to have regard to "the presence or absence of reasonable grounds for such a belief" as well as any other relevant matters in considering whether the man so believed. 4. Under section 82 & section 83 of IPC an offence is punishable if it is done by a child: A. of below seven years of age, B. of above seven years of age but below twelve years if he has not attained sufficient maturity and understanding, C. of abov e seven years of age but below twelve years having attained sufficient maturity and understanding, In general terms, the IPR is defined as rights attached to the creation of the mind and restricted to only the creator or person authorized by him. A famous maxim " Ubi jus, ibi remedium ", means where the law has given the right, there should be a corresponding remedy for its breach in its place. 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. 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. The mens rea of assault is that a person intended to cause a victim to apprehend the application of immediate and unlawful force or was reckless with respect to that - the defendant must be at least aware of the risk that his actions might cause a person to apprehend force [2]. Mens rea means that the accused person had the intent to commit an offence or knowledge of what he or she did was against the law. The intention of a person to commit a criminal act means that the person meant to do something wrong and knew or should have foreseen the results of the wrongful act. Intent is not the same as motive. A crime comprises an actus reus, or a criminal act or omission (failure to act), and a mens rea, or a crim- inal intent. Conviction of a criminal charge requires evidence establishing beyond a reasonable doubt that the accused possessed the required mental state and performed a voluntary act that caused the social harm , Most crimes require what attorneys refer to as "mens rea," which is Latin for a "guilty mind." In other words, what was the defendant's mental state and what did the defendant intend when the crime was committed.Mens rea allows the criminal justice system to differentiate between someone who did not mean to commit a crime and someone who int

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