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MODEL ANSWERS - 2
Indian Penal Code, 1860
Q1. Distinguish between intention and motive. Indicate the importance of motive in Law of Crimes.

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Ans: Motive for doing a criminal act is generally a difficult area for prosecution. One cannot normally see into the
mind of another. Motive is the emotion which impells a man to do a particular act. Such impelling cause
needs not necessarily be proportionally grave to do grave crimes. Many a murders have been committed
without any known or prominent motive. It is quite possible that the aforesaid impelling factor would
remain undiscoverable. Every criminal act is done with a motive; it is unsound to suggest that no such
criminal act can be presumed unless motive is proved. After all motive is a psychological phenomenon. Mere
fact that prosecution failed to translate that mental disposition of the accused into evidence does not mean
that no such mental Condition existed in the mind of the assailant.
In Atlcy v. State of U.P., AIR 1955 SC 807, it was held that where there is clear proof of motive for the crime,
that lends additional support to the finding of the court that the accused was guilty but absence of clear
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proof of motive does not necessarily lead to the contrary conclusion. In some cases, it may not be difficult to
establish motive through direct evidence. While in some other cases inferences from circumstances may help
in discerning the mental propensity of the person concerned. There may also be cases in which it is not
possible to disinter the mental transaction of the accused which would have impelled him to act. No proof
can be expected in all Cases as to now the mind of the accused worked in a particular situation. Sometimes,
it may appear that the motive established is a weak one. That by itself is insufficient to lead to any inference
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adverse to the prosecution. Any fact which shows or constitutes the motive is relevant under section 8 of
Indian Evidence Act, 1872.
The general rule is that there can be no crime without guilty mind. This has been apply summed up by the
oft-quoted legal maxim “actus non facit reum nisi mens sit rea”- (The intent and act must both concur to
constitute a crime). This principle developed because of the proposition – “Actus me invito factus non est
mens actus”-(an act done by me against my will is not my act). For committing a crime, the intention and
act both are taken to be the constituents of the crime.
AM

Mens Rea has not been defined anywhere in the Indian Penal Code or for that matter any other statute in
India. Nevertheless, in IPC we gather the guilty mental element through the usage of words like, intention,
dishonestly, fraudulently, knowledge etc. The literal meaning of mens rea is guilty mind (mens – mind; Rea-
prohibited). It is for the prosecution to prove that there was “mens” of the accused, which was ‘rea’, meaning
thereby that the person has intentionally done the prohibited act. This burden of proof has been discharged
to an extent by the legal presumption that a man is presumed to know the natural and the probable
consequences of his act; i.e. the mental element may be either intention to do something or mental recklessness.
Intention means having a fixed purpose to produce a particular result. This is the state of mind, which not
only foresees but also desires the consequences of his act. Intent means conscious objective or purpose. Thus,
a person commits a criminal act with intent when that person’s conscious objective or purpose is to engage in
the act which the law forbids or to bring about an unlawful result. Motive, on the other hand, is the reason
why a person chooses to engage in criminal conduct. If intent is an element of a charged crime, that element
must be proved by the People beyond a reasonable doubt. Motive, however, is not an element of the crimes
charged.

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 In the State of Rajasthan Vs. Shera Ram @ Vishnu Dutta AIR 2012 SC 1, the Hon’ble Supreme Court of
India reiterated that to commit a criminal offence, mens rea is generally taken to be an essential element of
crime.
Example- The immediate intent of the thief is to appropriate another person’s money, while his ulterior
intent may be to buy food with it or to pay a debt. The ulterior intent is called the motive of the act.
Exemption from liability:- Furiosi nulla voluntus est denotes that - a person who is suffering from a mental
disorder cannot be said to have committed a crime as he does not know what he is doing.

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Motive Intention
1. A state of mind that accelerates or gives 1. An immediate mental state of a person
rise to intention. Motive is not in itself committing crime. There can not be any
essential to the offence but it gives rise or crime without the evil mind or the
it accelerates one of the essentials of crime, guilty intent. Even in the cases of strict
i.e. Intention. liability, some mental elements are
required.
2. Motive is the emotional effect of the mind 2. The intention is a premeditated purpose
that pushes a mind to take certain actions. to achieve an event. It is a fixed purpose
But there are instances where several
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offences were committed without any vital depicts that the person has consciously
motive. and actively planned something to
achieve that objective.
3. Motive is only relevant in ascertaining the 3. If the intention is criminal, the law
guilt of the accused. makes it punishable whether done with
or without motive.
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Example- "A" a person robbed "B" to purchase liquor for consumption. Here the motive of commission is
"to purchase liquor" and its immediate effect will be "intention" i.e. robbing that person.

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AM

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