As it is rightly said that no person is a born criminal, the situations around him are also responsible, we all know that every type of emotions, as well as thinking, depends over our minds, and if a person is guilty, then his act, as well as intention, is taken into consideration, an intention which is criminal by the means of thinking is known as” Mens Rea”, that is, an evil intention or a guilty mind.
An act or an offense committed without mens rea, cannot be properly called an offense, as the act has done physically, that is, Actus Reus, may not collaborate with mens rea, for example, if a person commits a crime in a state of intoxication or under twelve year of immature understanding, in such case there is no mens rea and hence it cannot be considered as an offence
Mens Rea can also be collaborated with culpable homicide, as by, where a sudden or grave provocation leads to the death of a person, here, since, the offender was not having a pre – intention to commit an offence, it was due to a sudden or grave provocation, therefore, it cannot be taken as mens rea
In all the stages of crime, whether, Mens Rea, Preparation, attempt or accomplishment. Mens Rea is the first stage which makes a person guilty off his mind, which thereby, enables him to prepare the elements for the offence, he is said to have attempted the offence and when he is finally done with the offence, he is said to have accomplished it, that is he has completed all the stages of crime and he is now an offender.
The initial stage of getting an idea to commit an offence is getting an idea to commit an offence and is the foremost or topmost stage of having an intention to commit an offence and hence if the offender has committed an act (Actus Reus), then the guilty mind is said to commit an offence ,on the other hand , if the person has mens rea, but does not bring it into action , then he is said to have commit no offence. , Therefore, where a guilty mind leads to a guilty act , then the person is said to commit an offence. The doctrine of mens rea is not applicable to offences under Indian Penal Code (45 of 1860), as all the offences are defined under it. When both mens rea and actus reus combine, then together, it constitutes an offence. A guilty mind is a place where evil exists, a guilty mind leads to a guilty act, that is, an offence
In some cases, if an offence is committed without Mens Rea, for example, a murder done in pursuance of private defense can be said to be necessary as if no murder or causing death be caused, then it can lead to an apprehension pf causing grevious hurt or severe injuries or may even cause death to the person acting in his private defense.
Every offence is committed in stages as described earlier and as likely said” What you think is what you achieve” taking this phrase in a negative perception , one could say that “ If you think of committing an offence , then you have raised your initial step towards the offence “Mens Rea or guilty intention is the first stage of any offence , therefore , Mens Rea plays pivotal role in constituting an offence
Mens Rea, thus, can be considered as the birth of a criminal as it generates a guilty mind within himself, therefore, as soon as the mind becomes criminal, the offender becomes a criminal in himself, but when Mens Rea and Actus Reus combine then an offence is said to be committed in the eyes of the law.
The seed of an offence generates when it is cultivated by a guilty mind, Actus Reus acts as the water, Attempt acts as the soil and fodder and when the plant grows up it is said to be Accomplished as it bear fruits, though, this example, the life cycle of a plant is cultivated, in a similar way, the plant of offence is cultivated in the stages and hence it constitutes an offence. The oxygen which it inhales and the carbon di-oxide which it exhales, in a similar way, the guilty intention it inhales and exhales an act termed as (Actus Reus) which is the commission of an offence, in the physical form.