Under criminal law and the Bharatiya Nyaya Sanhita, 2023, which are the two essential elements of an…
In criminal jurisprudence and under the Bharatiya Nyaya Sanhita, 2023, the two fundamental elements required to constitute an offence are a guilty mind or intention (mens…
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Under criminal law and the Bharatiya Nyaya Sanhita, 2023, which are the two essential elements of an offence?
Answer and explanation
Correct answer A
In criminal jurisprudence and under the Bharatiya Nyaya Sanhita, 2023, the two fundamental elements required to constitute an offence are a guilty mind or intention (mens rea) and a prohibited physical act or illegal omission (actus reus), expressed in the maxim actus non facit reum nisi mens sit rea. Motive is the ulterior reason that prompts a person to form an intention, and unlike intention and act, motive is not an essential element of an offence.
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