CRIME AND ITS MENTAL ELEMENTS

“Crime is a logical extension of the sort of behaviour that is often considered perfectly respectable in legitimate business.”

- Robert Rice

Concept of Criminal Law and Crimes

There are basically two types of law: Criminal Law and Civil Law. Criminal Law deals with that kind of offences which are crime against the society. Crime is an illegal act for which someone can be punished by the government. It is a gross violation of law, and especially a wrong against morality.

These are considered to be the wrong against society, the government and the public as a whole, even if there is a dispute between two individuals. The state is a party to the case against the criminal and sometimes the offence is not even subject to compromise between the individuals.

Meaning and Importance of Mental Elements of Crime

Mental Element of a crime generally refers to the state of mind of a person committing crime. It is often known as ‘mens rea’ which means ‘guilty mind’, is the important factor for determining the crime and punishment of accused. Intention of person can change the charge of a murder into accidental death or vice versa.

The penal codes use various mental elements while defining a crime such as ‘fraudulently’, ‘knowingly’ or ‘intentionally’ etc. depending upon the nature of crime.

Mental Elements of a Crime

1. Intention: “Criminal intention” simply means the purpose of doing an act prohibited by criminal law without just cause or reason. An act is intentional if there exist an idea before doing such act. The intention of a person of doing a act shall be infer from the act committed by him. For example if a person fires a gunshot upon a person near the head, it can be prima facie infer that he had the intention to kill the person.
   Burden of Proof: The burden of proving the guilty intention lies upon the prosecution where the intention is a part of definition of crime
2. Motive: Motive is different from intention. Motive simply means the reason of doing any act E.g. A killed B because A want to steal the money B had. Thus, stealing money is the motive behind the crime. A motive may leads to know the intention of a person. The purity of motive does not purge an act of its criminal character.
   Burden of Proof: Although the motive is not a necessary factor in a case and the prosecution is not bound to accomplish the motive, but the absence of any motive in case of circumstantial evidence, is a crucial factor in favour of accused.
3. Mens rea: It is a principle of English criminal law that a person should not be punished if he has a innocent mind. It has its origin from the maxim that “actus non facit reum, nisi mens sit rea” which means that the intention and the act must both concur to constitute a crime.

It is always a crucial factor in determining whether a person has committed a crime or not as it is incorporated impliedly/expressly in every the definition of every crime.

Exception to the Rule of Mens rea:

The case of Sherras v. De Rutzen, re-assert and mentioned certain exceptions to the rule of mens rea i.e. in cases where the rule of mens rea does not apply:

• Cases which are not criminal but instead prohibited in the public interest under a penalty
• Public Nuisance
• Case which are criminal in form but only a summary mode of enforcing civil rights.

Moreover, If Indian Legislature has omitted to prescribe a particular mental condition, it shall be presumed that the omission is intentional and the doctrine of mens rea will not be applicable.

1. Knowledge: Knowledge of a fact is a crucial factor of a crime if it is needed to be proved in a crime. But where any act is prohibited under law, it is immaterial whether the person has knowledge or not.
2. Innocence: It is very popular saying that ‘Let a hundred guilty be acquitted, but one innocent should not be convicted'. The law presumes innocence until a guilt is proved. In Brij Bhushan Singh v. Emp, it was held that, Suspicion no matter how strong, is not proof.

Burden of Proof: The criminality of a person is never be presumed. The evidence produced should be of such a nature, so as to leave no reasonable doubt regarding the guilt. But if there is any doubt, he is entitled of right to be acquitted.

1. Mistake of Fact: Mistake means to identify wrongly or make a wrong judgment of the character or ability. A mistake of fact is ignorance, forgetfulness of a fact (past or present) material to the act. Under the Indian Penal Code Ignorance of fact is an excuse and can surpass the liability.
2. Mistake of Law: A mistake of law means ignorance or mistake as to the existence of any law regarding a subject matter. It is well settled principle of law that ignorantia juris non excusat i.e. Ignorance of Law is no excuse. A person cannot a defense on this ground under Criminal Law. Any person of the age of majority is bound to know the law. This rule earmarked no exception even in the case of foreigners.

In State of Maharashtra v. M.H. George, it was held that if any act is made an offence for the first time and it is impossible that any notice of passing that statute could have reached the place where offence has been committed, even in that case, ignorance of law cannot be a ground to be acquitted.

Conclusion

Crime is a wrong against the society as a whole. Although physical elements of a crime are prima facie constituent of determining the crime, but the mental elements plays a crucial role for identification of guilt of the accused. The different elements has their different application in a crime. But the burden of proving the guilt always lies upon the prosecution and innocence of accused is always presumed.

The author, YOJIT KAUSHIK is a law student pursuing BA LLB from Institute of Law, Kurukshetra University, Haryana. (yojitkaushik123@gmail.com)

References

1. Travis Peeler, ‘What Are the Different Types of Crimes?’ (Legal Match) <https://www.legalmatch.com/law-library/article/what-are-the-different-types-of-crimes.html#Are-There-Different-Categories-of-Seriousness-for-Crimes?> accessed 19 April 2020.
2. Merriam-Webster, ‘Crime’ <https://www.merriam-webster.com/dictionary/crime> accessed 19 April 2020.
3. Wikipedia ‘Element (criminal law)’ <https://en.wikipedia.org/wiki/Element_(criminal_law)> accessed 19 April 2020.
4. ‘Mental State Requirement’ (Justia, May 2019) <https://www.justia.com/criminal/mental-state-requirement/> accessed 19 April 2020.
5. Encyclopaedia Britannica ‘The elements of crime’ <https://www.britannica.com/topic/criminal-law/The-elements-of-crime> accessed 20 April 2020.
6. Merriam-Webster, ‘Mistake’ <https://www.merriam-webster.com/dictionary/mistake> accessed 20 April 2020.
7. Ratanlal & Dhirajlal, ‘The Indian Penal Code’ (34th edn, LexisNexis 2015).
8. Brij Bhushan Singh v. Emp [1946] AIR 38 (PC).
9. Sherras v. De Rutzen [1895] AIR 918 (QB).
10. The Constitution of India 1950.
11. Babu Singh v. State of Punjab [1964] 1 Cr LJ 566 (SC).
12. State of Maharashtra v. M.H. George [1965] AIR 722 (SC).
13. Indian Penal Code, 1860.