Intention,Recklessness,Motive,Negligence,Knowledge – IPC1860

  1. INTENTION – Intention means having a fixed purpose in mind to produce a particular Result. This is the state of mind which not only foresees, but also desires the consequences of his act.
  • Fixed purpose
  • Desire objective

 

  1. RECKLESSNESS In Recklessness there is no desire of evil consequences but there is foresight of them. It means we can easily foresees the consequences of our act but no such desire to achieve them.

         So, In recklessness there is foresight without Intention for evil consequences.

 

  1. MOTIVE – Motive is something distinct from intention. The word ‘motive’ contemplates something that can contribute to, give birth to or even to prevent any kind of action.
  • Motive may serve as a clue to the intention.
  • Although motive may be pure but the act done under it may be criminal.
  • An act which is unlawful ,cannot in law be excused on the ground that it was committed with a good motive.

 

  1. NEGLIGENCE – Consequences neither foreseen nor desired but remaining careless about one’s Act which may cause Injury to anyone, becomes Negligence.
  • Neither foresees nor desired.
  • Careless about the act.

 

  1. KNOWLEDGE – Knowledge basically determines that is Aware of likely consequences of the Act without having in mind a fixed purpose.
  • Aware of likely consequences.
  • No fixed purpose in mind.
  • Knowledge simply is the personal information of the person during the act.

 

“Mens rea includes, INTENTION , RECKLESSNESS & KNOWLEDGE while NEGLIGENCE is required in some offences like Sec. 304-A (causing death by rash or negligent act).”


Also read –

Introduction to IPC

Mistake of fact and Mistake of law

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Can we cause death of a person in Private Defence?

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