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Mens rea

Mens rea :

Mens rea means a guilty mind. The fundamental principle of penal liability is embodied in the maxim actus non facit ream nisi mens sit rea. The act itself does not constitute guilt unless done with a guilty intent. Thus, unless an act is done with a guilty intention, it will not be criminally punishable. The general rule to be stated is “there must be a mind at fault before there can be a crime”. Mens rea is a subjective matter. Thus mens rea is an essential ingredient in every criminal offence.

The motive is not an intention. Intention involves foresight or knowledge of the probable or likely consequences of an injury. In short, mens rea is the state of mind which accompanies and directs the conduct resulting in the actus reus.

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