Mense Rea is a legal word. Here we are not concerned with its exact legal meaning.
You can read Mense Rea as "Intention to commit" a crime.
"Intention to commit crime" is a MUST for convicting someone for any crime.
"Intention" of a person is hidden in mind of a person. How can it be proved whether a person has "Intention" or not in his mind? There are no MRI test or CAT scan reports to check intentions.
So ?
So lawyers and judges developed a set of thumb rules: "If this, then criminal intention proved. If this then criminal intention or Mense Rea not proved"
For layman, it is difficult to understand how these thumb rules work. But they are there and they do work.
Then, in some cases, law makers came out with laws which need not require that Mense Rea be proved.
For example, Prevention of Food Adulteration Act. If food found adulterated, then it is not necessary to prove that Seller had criminal intention to adulterate food.
There are so many such laws.
But basis principle is such that Mense Rea must be there before a person can commit a crime.
Haresh Raichura
28/3/12 18:20
