Describe the place of mens rea in Indian Penal Code


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).

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