Mens Rea & its importance in Criminal Cases

23 May 2021Posted inCriminal law, Evidence law
Mens rea refers to the guilty intention, knowledge, or state of mind of an accused in committing a crime. It has come to fore as an indispensable element of crime in tune with a Latin maxim which means, “there can be no crime without a guilty mind” (actus non facit reum, nisi mens sit rea). An act done by a person becomes a crime only when it is done with a guilty intention or mental state, in normal course. In other words, an act done with absolutely no guilty intention or state of mind may not become a crime.

Maneka Gandhi judgment simplified

23 May 2021Posted inArticles, Constitutional law
The judgment in Maneka Gandhi case ( Maneka Gandhi v Union of India: AIR 1978 SC 597) was a landmark judgment in the judicial history of India. It was a conscious attempt on the part of the Supreme Court (SC) in restoring the people’s faith in the judiciary which reached at its low in the seventies, particularly after the ADM Jabalpur judgment which is considered to be the most infamous judgment in India.