In Indian Penal Code, mens rea is not applied as definitions of various offences expressly gives the requisite state of mind of the accused like “intentionally”, “dishonestly”, “voluntarily”, “fraudu­lently”, “malignantly”, “maliciously” and likewise. But, the spirit of mens; AA runs through whole of the Indian Penal code. So, the code does not negate mens rea but requires mens rea of a specific kind which differs from offence to offence. The only exceptions to mens rea in the code, where offences are punishable without requirement of mens rea being established are –

(a) Offences against the state, i.e. waging war-S. 121, Sedition-S. 124-A

(b) Kidnapping and Abduction (S. 359 and S. 363 resp.)

(c) Counterfeiting of coins (S. 232).