Gunjan Pandey
posted a year ago
Mensrea to actus reus
It is a common practice in India and indeed most parts of the world for criminal prosecutions to be done to persons who have intentionally committed a crime. The understanding of actus reus and men’s rea touch on the core of this understanding because they deal with the analysis of two factors warranting criminal prosecution; wrongful acts and intentional deeds. Actus reus in Latin means “a guilty act” and Men’s rea means the “guilty mind” . Actus reus is a physical activity and can easily be evidenced by the naked eye. In this regard, men’s rea is difficult to establish because there is no common ground of determining intention, since many situations present different scenarios of men’s rea, therefore leading to a distorted impression of criminal law. In the same sense, men’s rea involves the element of intention and motive and it is difficult to establish the two since they are not synonymously related to each other. More difficult to understand is the fact that the degree of intention and motive to be established is variable and therefore, the law requires a lot of foresight to determine such. Comprehensively, it is correct to note that men’s rea is a varied concept and since not many instances where it is to be determined have evidence of it, it is increasingly difficult to determine its existence. In this regard, many people have varied interpretations of the concept and this is bound to create an inconsistency of judgments; probably causing subsequent injustices. Therefore,I would like to sumup an article with Mensrea to actus reus a long journey for a person detained as culprit and part if inquiry and investigation for fair justice.
Country
  • India
Fields:
  • Criminal Litigation
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