Question
Under the BNSS, which of the following best describes
the concept of “mens rea” (guilty mind) in criminal liability?Solution
The BNSS, like traditional criminal law principles, requires both “actus reus” (the guilty act) and “mens rea” (the guilty mind) for establishing criminal liability. Mens rea refers to the intention or knowledge of wrongdoing that constitutes part of a crime, alongside the physical act. Without mens rea, the act alone usually does not constitute a crime.
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