Relevance of Mens Rea in Statutory Offences

Abstract

The paper deals with stages leading to the recognition of a mental element in criminal liability. A court could rightly convict a man, only if there was a moral wickedness or guilty knowledge in him. This concept was supplemented by the test of foresight of consequences ,according to which a man should not be punished unless he had been aware that what he was doing might lead to mischievous results, and he must have had foresight of the consequences of his conduct .Thus the three principles are, strict accountability, mens rea and foresight of consequences. Of these, the latter two are so inextricably bound together that they really form one central idea, which is expressed by the famous maxim: actus non facit reum, nisi mens rea. The act itself does not constitute guilt unless done with a guilty intent. The intent and the act must both concur to constitute the crime.