THE DOCTRINE OF MENS REA IN INDIAN CRIMINAL JURISPRUDENCE: EVOLUTION, EXCEPTIONS, AND EMERGING CHALLENGES

AUTHOR – MURUGESAN.I, BL (HONOURS), ML (CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION) & PRACTISING ADVOCATE IN MADRAS HIGH COURT, MADURAI BENCH

BEST CITATION – MURUGESAN.I, THE DOCTRINE OF MENS REA IN INDIAN CRIMINAL JURISPRUDENCE: EVOLUTION, EXCEPTIONS, AND EMERGING CHALLENGES, ILE MULTIDISCIPLINARY JOURNAL, 4 (1) OF 2025, PG. 708-715, APIS – 3920-0007 | ISSN – 2583-7230.

ABSTRACT

The doctrine of mens rea—Latin for “guilty mind”—forms the bedrock of criminal liability, distinguishing morally blameworthy conduct from mere accidents or regulatory breaches. In Indian criminal jurisprudence, although the Indian Penal Code (IPC) does not uniformly codify mens rea, its essence is embedded in the statutory language and interpreted through judicial precedents. This article explores the historical evolution of mens rea in India, the statutory and judicially recognized exceptions where liability is imposed without culpable mental state, and the pressing challenges posed by emerging categories of offences such as economic crimes and cyber offences. Through a critical analysis of case laws and legal principles, the article argues that while deviations from mens rea may serve policy objectives like deterrence and administrative convenience, they risk undermining the normative and constitutional foundations of criminal law. It concludes by advocating for a calibrated and principled approach that balances public interest with individual rights and procedural fairness.

KEYWORDS – Mens Rea, Criminal Liability, Indian Penal Code, Strict Liability, Judicial Interpretation