MENS REA IN SATUTORY

OFFENCES

ASSINGMENT 2
SUBMITTED BY HARDEEP SINGH 19381156.LLM SEM 2
SUBMITTED TO – DR.MEENAKSHI ARORA
(ASST. PROF. )
PUNJAB SCHOOL OF LAW
• Mens Rea in Statutory OffencesIn the field of law, it is important to
understand each and every cause of each and every act. Only then
can a sound judgment be given in a case. If the judge does not
consider all possible aspects and possibilities, then he will draw the
correct legal conclusion most of the times but, not always. One of
the most important things to consider with regard to any offence is
the mens rea, or the guily intention. This element of crime (mens
rea) has been in the picture almost ever since criminal law has been
known to exist. It had been incorporated in definitions of crimes as
far back as The Code of Hammurabi (1700 B.C.) through the use of
words like “intend” and “knowledge”. But, as the years have passed,
complexities regarding the use of mens rea have arisen and the
courts constantly keep trying to resolve the issues regarding the
application of the rule. Generally the question that arises in cases is
that whether mens rea is present or absent in the offender
• . But, sometimes, the question is whether it is required or not. This
happens in case of statutory offences. They may expressly or
impliedly rule out the requirement of mens rea. The current
research study critically analyzes this situation and takes into
account the existing views and decisions on the issue.Statutory
OffenceAn offence is basically a violation of law. In legal parlance,
the word “offence” is generally construed as a criminal wrong.
Hence, offence means a wrong in penal law. The Code of Criminal
Procedure, 1973 defines “offence”as “any act or omission made
punishable by any law for the time being in force and includes any
act in respect of which a complaint may be made under section 20
of the Cattle-trespass Act, 1871( 1 of 1871)”. This is a guideline for
offences related to the Code. But, there are other types of offences
too; the ones that are created by different statutes, like those
related to taxation, national security, etc..
• These are commonly referred to as Statutory offences. Offences have
been classified in many ways. But, for this study, the relevant classification
of offences would be into offences malum in se and offences malum
prohibitum. Offences that are malum in se are the ones that are
inherently wrong or evil, like murder, rape, etc.. The society at large
recognizes them as wrong. They have developed as offences over the
years and through decisions of the court. Hence, these are also called
Common Law offences as they are developed through precedents. On the
other hand, offences that are malum prohibitum are the acts that are
wrong because they are prohibited by statutes. For example, offences
created by Road Traffic Rules are not inherently wrong but, since they are
the rules that have to be followed on the road, their violation would lead
to penalty. Travelling in a car on the right side of the road is not inherently
wrong but, it is an offence as the law does not allow it. It is these kinds of
offences that are referred to as Statutory Offences. They are the ones that
are created by statutes which require strict interpretation.
• Statutory Offences are needed because, it is not only
the crimes in the Indian Penal Code, 1860 that can
harm the society but, another very important class of
crimes (White Collar Crimes) also poses a big threat on
the society. Numerous scams have been unveiled in the
past 20 years. From Harshad Mehta to 2G scam, all
have contributed towards harming the society. In fact,
in 1962, the Government of India under Lal Bahadur
Shastri (the then Home Minister) set up a Committee
(Santhanam Committee) on Prevention of Corruption,
which proposed certain socio-economic offences to be
made a part of the Indian Penal Code, 1860 as a new
Chapter. But, unfortunately this did not happen.
• These offences were as follows :-1. Offences calculated to
prevent or obstruct the economic development of the
country and endanger its economic health.2. Evasion and
avoidance of taxes lawfully imposed3. Misuse of position by
public servants in making of contracts and disposal of
public property, issue of licences and permits and similar
other matters4. Delivery by individuals and industrial and
commercial undertaking of goods not in accordance with
agreed specifications in fulfillment of contracts entered into
with public authorities5. Profiteering, black-marketing and
hoarding6. Adulteration of foodstuffs and drugs7. Theft and
misappropriation of public property and funds8. Trafficking
in licences, permits, etc.
• These crimes are very important for the society and protect public
interest. Hence, the offences falling under this class are known as “Public
Welfare Offences”. Hence, if a statute is enacted to recognize them as
criminal offences, they would be Statutory Offences, commission of which
would attract punishments.Mens ReaActus non facit reum nisi mens sit
reaThe above well-known latin maxim describes the relation between
mens rea and a crime in general. Actus reus means a wrongful act. Mens
rea means a wrongful intention. The maxim means that an act does not
itself make one guilty unless the mind is also guilty. The mere commission
of a criminal act or violation of law is not enough to constitute a crime.
These generally require, in addition, some elements of wrongful intent or
other fault. Mens Rea is a technical term. It means some blameworthy
condition of the mind, the absence of which on any particular occasion
negatives the condition of crime. It is one of the essential ingredients of
criminal liability. A criminal offences is said to have been committed only
when an act, which is regarded as an offence in law, is done voluntarily.
Hence, an act becomes criminal only when done with a guilty mind.
• Before a criminal is made liable, he should be proven to have some
blameworthy mental condition (mens rea). For example, when
someone attacks you, then, causing injury to him in private defence
is not a crime but, causing injury with the intention of revenge is a
crime. This is how the presence of a guilty mind changes the nature
of the offence. But, the requirement of a guilty mind varies from
crime to crime. An intention which would qualify as the required
mens rea for one crime, may not for some other crime. In case of
murder, it is the intent to cause death; in case of theft, it is the
intention to steal; in case of rape, it is the intention to have sexual
intercourse with a woman without her consent, etc.. Hence,
although mens rea is a sine qua non of a criminal act, its type and
degree may vary from crime to crime. But, there are cases in which
mens rea is not required for an act to be an offence (statutory
offence). Such situations will be discussed in the following sections
of this study.