A Critique on Sentencing Policy with reference to Vehicular Homicide Cases in India

Abstract

The importance of the topic is highlighted, from the very fact that culpability is set according to the level of blameworthiness on the part of accused. This blameworthiness is known as guilty mind or to be more precise a blameworthy state of mind. There are many degrees or kinds of mens rea, with their corresponding levels of culpability like Intention, knowledge, recklessness, negligence, etc. The punishment decreases as the mens rea fall the ladder. The importance of mens rea in criminal jurisprudence is again stressed by the maxim “Actus reus non facit reum, nisi mens sit rea” which implies that “The act itself does not constitute guilt unless done with a guilty intent". Due to this elusiveness of Mens Rea, there is a disproportionate sentencing by the Courts which gives rise to injustice and violation of basic human rights and dignity of the victim. The paper shall decipher various issues pertaining to mens rea in Vehicular Homicide Cases and shall endeavour to come with suggestions to curb this menace.