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@ck10203 I agree that mens rea is quite a misleading and unfortunate term. Different judges have considered this term in different shades. Some use it to describe the moral culpability of the accused, some see mens rea as just another evidence that could be used to secure conviction, some see it as intention which is made penal by a statute. The list could go on and on.
Any why only circumstantial evidence? I think mens rea has to do both with direct as well as circumstantial evidence. The question of motive becomes more or less academic when the evidence is direct and when there is no direct evidence, it is the circumstantial evidence that helps in establishing motive.
However, mens rea is something more than just motive. For example, in the Crime of Conspiracy, the mens rea would be the 'common intention' to commit the crime. It is true that in most of the cases, having direct evidence makes the question of mens rea more subtle. However, that does not mean that mens rea can be associated more with circumstantial evidence and less with direct evidence.
I consider mens rea as a convenient label which may be attached to any psychical fact sufficient for establishing guilt. By this, I am not at all defending a corruption person or a corrupt officer. A district collector who passes a project for construction of girls' school even after getting hints of corruption is guilty under our laws. But, what I was referring to was not just penal liability but also the psychological factors.
All this is great. But what do I tell my uncle??? Hes sayin that you will remain poor unless you already have lots of money or you become corrupt nd if you don't do what all illegal things ur senior makes you you will be suspended and mentally tortured. Cant I live respectedly on the civil service salary and be left in peace. Uncle showed ne a newspaper piece showing how senior officers were quitting mid career and joining privates to get respectable salary and peace of mind.
Also we have bear abuse from people like azam khan and be suspended for false case as Nagpal madam. With so much problem why so many people hankering for civils???? Is it sheep mentality or misinformed judgement or wish to earn lots vua corruption????
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Comments
Any why only circumstantial evidence? I think mens rea has to do both with direct as well as circumstantial evidence. The question of motive becomes more or less academic when the evidence is direct and when there is no direct evidence, it is the circumstantial evidence that helps in establishing motive.
However, mens rea is something more than just motive. For example, in the Crime of Conspiracy, the mens rea would be the 'common intention' to commit the crime. It is true that in most of the cases, having direct evidence makes the question of mens rea more subtle. However, that does not mean that mens rea can be associated more with circumstantial evidence and less with direct evidence.
I consider mens rea as a convenient label which may be attached to any psychical fact sufficient for establishing guilt. By this, I am not at all defending a corruption person or a corrupt officer. A district collector who passes a project for construction of girls' school even after getting hints of corruption is guilty under our laws. But, what I was referring to was not just penal liability but also the psychological factors.
Well said.
Thanks.
azam khan and be suspended for false case as Nagpal madam. With so much problem why so many people hankering for civils???? Is it sheep mentality or misinformed judgement or wish to earn lots vua corruption????
[ Practice what you preach. Read and abide by the posting rules.
And also work on your RC. He said "toiling" not "trolling." Guilty conscience? ]