Crimes without Mens Rea? Statute without Mens Rea.

In Indian law, particularly under the Indian Penal Code (IPC), there are several sections where the presence or absence of mens rea (guilty mind) can lead to reduced punishment or even exemption from punishment. Here are some notable sections:

1. Section 76 – Act Done by a Person Bound, or by Mistake of Fact Believing Himself Bound, by Law:

This section exempts a person from criminal liability if they act under a mistake of fact, believing themselves bound by law. For example, a soldier firing upon an enemy in the belief that they are under orders is not liable for the act.

2. Section 77 – Act of Judge When Acting Judicially:
   • Judges are exempt from criminal liability for acts done in the discharge of their judicial duties, provided they believe in good faith that their actions are within their judicial authority.
3. Section 79 – Act Done by a Person Justified, or by Mistake of Fact Believing Himself Justified, by Law:
   • Similar to Section 76, this section exempts individuals who, due to a mistake of fact, believe themselves justified by law in doing an act. For instance, a person acting under the mistaken belief that they are preventing a crime may not be held criminally liable.
4. Section 80 – Accident in Doing a Lawful Act:
   • This section provides that if an act is done by accident or misfortune, without any criminal intent or knowledge, while doing a lawful act in a lawful manner, it exempts the person from criminal liability.
5. Section 81 – Act Likely to Cause Harm, but Done Without Criminal Intent, and to Prevent Other Harm:
   • When an act is done without criminal intent to prevent greater harm, it exempts the person from liability. For example, breaking down a house to prevent the spread of a fire.
6. Section 82 – Act of a Child Under Seven Years of Age:
   • This section exempts children under seven years of age from criminal liability, recognizing that they are incapable of forming criminal intent (mens rea).
7. Section 83 – Act of a Child Above Seven and Under Twelve of Immature Understanding:
   • Children between the ages of seven and twelve who have not attained sufficient maturity of understanding to judge the nature and consequences of their conduct are exempt from criminal liability.
8. Section 84 – Act of a Person of Unsound Mind:
   • This section provides that a person who, at the time of committing the act, is incapable of knowing the nature of the act due to unsoundness of mind, is exempt from criminal liability.
9. Section 85 – Act of a Person Incapable of Judgment by Reason of Intoxication Caused Against His Will:
   • A person who commits an act in a state of intoxication, where such intoxication was administered against their will or without their knowledge, is exempt from criminal liability.
10. Section 86 – Offence Requiring a Particular Intent or Knowledge Committed by One Who is Intoxicated:
    • This section provides that if a person voluntarily intoxicates themselves, they are still liable for acts done with the intent or knowledge required by law. However, involuntary intoxication can lead to exemption.
11. Section 88 – Act Not Intended to Cause Death, Done by Consent in Good Faith for Person’s Benefit:
    • Acts done with the consent of the person harmed, in good faith and for their benefit, do not attract criminal liability, even if they result in harm.
12. Section 92 – Act Done in Good Faith for Benefit of a Person Without Consent:
    • Similar to Section 88, this section exempts acts done in good faith for the benefit of another person without their consent if it is impossible to obtain their consent, and they believe the act to be necessary for their benefit.

These sections demonstrate how Indian law incorporates the principle of mens rea, recognizing that the mental state of the accused is crucial in determining criminal liability. When mens rea is absent or negated by specific circumstances, the law provides for reduced punishment or complete exemption from liability.