Mens rea

The mental element of a crime: the state of mind that the offence requires, such as intention, knowledge, recklessness or negligence.

1. Intention: the person means the result to happen.
2. Knowledge: the person knows the result is certain or likely.
3. Recklessness or negligence, where the offence is satisfied by it.

• Nathulal v. State of M.P. (1966), Supreme Court: mens rea is presumed to be needed unless the statute clearly excludes it.
• State of Maharashtra v. M.H. George (1965), Supreme Court: the Court held that mens rea was not needed for the offence under the foreign exchange law there.

Strict liability offences do not need mens rea.

Asked with the maxim actus non facit reum and strict liability.

Mens = mind.

A crime generally needs both a guilty act and a guilty mind.