Under the Bharatiya Nyaya Sanhita, 2023, in which of the following offences is mens rea not an…
Bigamy under section 82 of the Bharatiya Nyaya Sanhita, 2023 (formerly section 494 IPC) has been treated by courts as an offence where the accused's honest but mistaken…
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Under the Bharatiya Nyaya Sanhita, 2023, in which of the following offences is mens rea not an essential element?
Answer and explanation
Correct answer B
Bigamy under section 82 of the Bharatiya Nyaya Sanhita, 2023 (formerly section 494 IPC) has been treated by courts as an offence where the accused's honest but mistaken belief in the validity of the earlier marriage's dissolution does not automatically excuse liability, making mens rea as to the subsisting marriage less strictly essential than in offences like assault, defamation or criminal conspiracy, which require clear proof of guilty intention.
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