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Which of the following statements correctly describes the concept of mens rea?
Question

Which of the following statements correctly describes the concept of mens rea?

A.

Mens rea needs to be present at the stage of planning, but not at the stage of commission of the offence.

B.

Mens rea should be excluded unless the statute specifically requires it to be proved.

C.

Absolute prohibition is not required to negate mens rea.

D.

If the statute is silent about mens rea, as a general rule it should be read into the statute.

Correct option is D

Mens rea refers to the mental element of an offense, involving intent or knowledge of wrongdoing. As a general rule, criminal law assumes that mens rea is required for the commission of an offense unless expressly excluded by the statute. This principle was established in key precedents like Sherras v. De Rutzen and is followed in Indian law.

When a statute is silent on the requirement of mens rea, courts usually presume its necessity to distinguish between innocent and culpable acts, unless the offense is of a strict liability nature (e.g., statutory offenses like tax violations). Thus, the correct statement is (d).

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