mens rea

Mens rea is the mental state that the law requires along with the physical act (actus reus) to make a person criminally liable. It comes from the maxim actus non facit reum nisi mens sit rea. Indian criminal statutes rarely use the phrase; instead each offence names its mental element, such as “intentionally”, “knowingly”, “dishonestly”, “fraudulently” or “voluntarily”.

Mens rea is presumed to be required unless the statute excludes it expressly or by necessary implication, as in many economic, food safety and public welfare offences (strict liability). Motive is different from mens rea and is not an ingredient of an offence.

Example

Taking another's umbrella in the honest belief that it is one's own is not theft, because the mens rea of dishonesty is absent.

See also

actus reus · actus non facit reum nisi mens sit rea · strict liability · mistake of fact

Read more in the study notes

• Crime: meaning, elements and stages (Bharatiya Nyaya Sanhita)
• General exceptions: mistake, accident, necessity and incapacity (Bharatiya Nyaya Sanhita)
• Criminal force and assault against women (Bharatiya Nyaya Sanhita)
• Hurt and grievous hurt (Bharatiya Nyaya Sanhita)
• Offences against the State (Bharatiya Nyaya Sanhita)
• Offences relating to elections, coin and currency (Bharatiya Nyaya Sanhita)