Principle of Mens Rea

Abstract

In essence, the idea of criminality is associated with the social order. The behaviour of the members of society inter se is governed by a sense of reciprocal respect and trust for the interests of others. While most individuals believe in peace and unity, there are quite a few who deviate from this usual pattern of conduct. This puts on the State a duty to uphold normalcy of society, which it exercises by means of the instrumentality of legislation. In India as well as other nations, Mens Rea, or the mental aspect of crime, is a very important feature of criminal law. In India, most laws include the guilty mind aspect in order to render an act criminally responsible for prosecution by an individual. The very nature of criminality is Mens Rea. It is not a felony without possessing a motive to behave in such a way that it brings damage to persons or goods. Mens Rea's existence ensures that the wrongdoer has the capacity to choose between what is good and what is not.