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Chapter 1
INTRODUCTION

In Britain and other common law jurisdictions there is a saying that, actus non facit reum, nisi
mens sit rea “an act does not make a person guilty unless the mind be also guilty.” In other
words, simply doing something will not, in general, make a person a criminal unless their intent
was to do, or cause, a criminal act. It is this intention which often establishes mens rea (literally
the 'guilty mind') and turns the act into a crime. 
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Chapter 2
CONCEPT OF “MENS REA”
Mens rea means a mental state, in which a person deliberately violates a law. Thus mens rea
means intention to do the prohibited act. These are known as mental elements in criminal
liability. Therefore an act in order to be a crime must be committed with a guilty mind, Actus
non facit reum nisi mens sit rea, is a well know principle of natural justice meaning no person
could be punished in a proceeding of criminal nature unless it can be shown that he had a guilty
mind.

Concept
In justice concept, Actus Reus represents the physical aspect of crime and Mens Rea the mental
aspect, which must be criminal and co-operate with the former. Actus Reus has been defined as
such result of human conduct as the law seeks to prevent. Mens rea which is a technical term
generally taken to mean some blameworthy mental condition or mind at fault, covers a wide
range of mental states and conditions the existence of which would give a criminal hue to actus
reus. No act is per seen criminal; it becomes criminal only when the actor does it with guilty
mind. There are three states of mind which separately or together can constitute the necessary
mens rea for a criminal offence.
These are:
1. Intention
2. Recklessness
3. Negligence.
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Chapter 3
MENS REA IN COMMITTING OF TORT

Intentional tort
In order to commit an intentional tort, some action must be done with a purpose i.e. there must
be an intention to commit an act. Presence of mental element is essential.

Intentional tort includes the following

1. Battery:

When some force is applied physically to the body of another person in an offensive manner
which causes some harm is called battery.

2. Assault:

When the act of one person creates an apprehension in the mind of another person that such act is
likely or intended to cause such harm. It could range from pointing a gun at a person to verbally
threatening a person.

The difference between battery and assault is, in battery physical contact is mandatory, in assault
physical contact is not mandatory as the purpose is to threaten and not harm.

3. False imprisonment:

It is the unlawful confinement of the person without his will. It is not necessary that person
should be put behind the bars; a mere impossibility of escape against the will of the person from
a certain area is enough to constitute a tort of false imprisonment. It includes the use of physical
force (actual expression of force is not always necessary), a physical barrier like a locked room,
invalid use of legal authority. False arrest is the part of false imprisonment which includes
detaining of the person by the police without lawful authority. Malicious prosecution falls within
the category of false imprisonment.

4. Trespass
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It is the intentional, unreasonable invasion of the property, land, person or goods. The
unreasonable interference can cause harassment or harm to the other person, no matter how
slight it is. The legal right of the owner of the property is infringed because he is deprived of his
right to enjoy the benefit of the property by the misappropriation or exploitation of his right.

Types of trespass are: Trespass to person, trespass to land and trespass to chattel. Trespass is
malfeasance like as commission of illegal / wrongful act which is actionable per se.

Unintentional Tort-
In unintentional torts, mental element is insignificant in determining tortuous liability. For
example, Negligence or Recklessness.

Negligence, Fault and No fault liability

In negligence, the defendant causes injury to the plaintiff without any malafide intention. The
person who caused the injury was not careful or was negligent. The injury is caused due to
omission of the “duty of care” which a reasonable and prudent man ought to have considered.
Recklessness is high degree of negligence or carelessness.

Misfeasance-improper performance of a lawful act for example Negligence, or non-feasance-

failure to do an act which one is legally obliged to do (an act of omission), for example,
Fault/mistake that leads to injury to someone, who has a right of action in a court of law against
the tort-feaser. Here neither intention, nor, motive is material. Despite fault being an essential
condition of liability, the law of tort also contains “no fault liability”-strict liability.