For the purposes of the Bharatiya Nyaya Sanhita, 2023, which of the following words is not related to…
Mens rea concerns the culpable mental element required by an offence. Acting dishonestly or fraudulently expresses wrongful intent, while voluntarily causing an effect…
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For the purposes of the Bharatiya Nyaya Sanhita, 2023, which of the following words is not related to the principle of mens rea?
Answer and explanation
Correct answer D
Mens rea concerns the culpable mental element required by an offence. Acting dishonestly or fraudulently expresses wrongful intent, while voluntarily causing an effect invokes intention or the prescribed knowledge. Acting cautiously and in good faith expresses due care rather than a guilty state of mind. Good faith can be relevant to a defence; the answer does not mean that mental states are legally irrelevant whenever good faith is discussed.
The Bharatiya Nyaya Sanhita, 2023 defines these terms in section 2: dishonestly in clause (7), fraudulently in clause (9), good faith in clause (11) and voluntarily in clause (33) (formerly sections 24, 25, 52 and 39 IPC).
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