Question
Legal Studies Question on Criminal Law
Identify the principle which is not applicable in the case of Mens rea under the Indian Penal Code, 1860.
Mens rea is not an essential ingredient in cases where the act is not criminal in any real sense but which in the interests of the public has been prohibited and imposed with a penalty.
Mens rea is not an essential ingredient in acts amounting to public nuisance
Mens rea is an essential ingredient in cases which although are criminal in form, are in reality, only a summary mode of enforcing a civil right
Mens rea is an essential ingredient except in cases where the implementation of the object of the statute would otherwise be defeated.
Mens rea is an essential ingredient in cases which although are criminal in form, are in reality, only a summary mode of enforcing a civil right
Solution
The correct option is (C): Mens rea is an essential ingredient in cases which although are criminal in form, are in reality, only a summary mode of enforcing a civil right.