what is forma dat esse rei in jurisprudance?
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Introduction Mens rea means to have "a guilty mind." Mens Rea or the mental element of crime is a very important part of criminal law in India as well as other countries. Most laws in India contain the element of guilty mind so as to make an act by a person criminally liable for punishment. Origin & Development of Mens Rea In 12th century Mens Rea was not an element of crime. The wrongdoers used to get punished regardless the fact that whether the act done was intentional or not. The concept of Mens Rea was first introduced in the 17th century along with the Latin maxim ‘actus reus non facit reum, nisi mens sit rea’ which means ‘there can be no crime without a guilty mind’. This maxim cleared the conflict that a crime can only be said to be constituted where the action was done in accordance of a guilty intention. Definition Mens rea is a Latin term meaning guilty mind. Mens rea Means an intention to do forbidden act. It is defined as the mental element to constitute criminal ability. Mens Rea is constructed from a person’s thought process, their motive and intention.
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