PRINCIPLES OF CRIMINAL LIABILITY AND MENS REA

Abstract

The Criminal law stands on the foundation of doctrines of criminal responsibility, and in its centre, is the idea of the “guilty mind” (mens rea) (Algan, 2024). This mens rea, when linked with the physical capacity Actus reus is what informs the question of guilt and the degree of punishment. This ever-changing terrain in the context of criminal jurisprudence calls for ongoing reexamination of these bedrock principles, especially in the face of new legal models and societal change. The refurbishing of India’s criminal laws with the institution of Bharatiya Nyaya Sanhita to supplant its predecessor The Indian Penal Code, 1860, provides an opportunity to investigate, at a crucial juncture, criminal liability dynamics and the relevance of mens rea in the new avatar ((Thomas, 2024). The mens rea requirement in criminal responsibility cannot be doubted, it functions as a protection against punishing people for inadvertent or accidental act (Serota, 2022). The reform of India’s criminal justice system is meant to facilitate a more efficient system of dealing with crime (Naik, 2024).