The intentionย to cause the injury by assault is called mens rea.
Mens rea is motive forced behind the Criminal Act.
Mens rea or guilty intention isย sine qua non of a criminal act. Ordinarily, a crime is not committed, if theย mind of a person doing the act is innocent.
Mens rea hasย been made pivotal to the criminal liability is based on the philosophical theory thatย every person has the capacity to choose between right and wrong
Under the Indian Penal Code guilt in respect of almost all the offences isย fastened either on the ground of intention, or knowledge, or reason toย believe
Offences under the Indian Penal Code are qualified by one orย the other words such as wrongful gain, or wrongful loss (Section 23),ย dishonestly (Section 24), fraudulently (Section 25), reason to believeย (Section 26), criminal knowledge or intention (Section 35), intentional cooperationย (Section 37), voluntarily (Section 39), malignantly (Sections 153,ย 270), wantonly (Section 155).
Chapter IV (Sections 76 to 106) deals with general exceptions,ย ย theseย exceptions are in itself a recognition of the principle of mens rea
No mens rea is required forย ย โstrict liabilityโ or sometimes โabsolute liability
offencesโ. Enactments for instances to be referred are:-
(a) Factories Act and other Labour Legislations.
(b) Prevention of Food Adulteration Act.
(c) Essential Commodities Act.
(d) Motor Vehicles Act.
(e) Negotiable Instruments Act etc.
Indian ย Penal Code ย Section 292 which makes the sale, hiring, distributing,ย publicly exhibiting, importing, exporting etc. of obscene books, pamphlets,ย writings, drawings etc. offence.
An offence that has been committed generally divided into fourย distinct and successive stages:-
(1) intention of commit it;
(2) preparation;
(3) attempt to commit; and
(4) the actual commission of the offence;
Intention and preparation areย generally not made punishable.When an act croses the stage of preparation towards achievingย the intention then attempt begins and criminal liability starts.
But under Section 122 I.P.C. collecting men, arms and ammunition toย prepare to wage war against the government of India; under Section 126ย I.P.C. committing depredations on territories of any power in alliance orย with the peace with the government of India; under Sections 233, 235 andย 257 I.P.C. making or selling or being in possession of instrument forย counterfeiting coins or government stamps; under Sections 242, 243, 259 and 262 I.P.C. the possession of counterfeit coin, government stamps,ย false weight or measures and under Section 399 I.P.C. making preparationย to commit dacoity is criminal ย offence.
Without defining attempt, attempt to commit suicide under Sectionย 309 I.P.C. and attempt to commit offences, is punishable.
