ROLE AND RELEVANCE OF INTENTION IN CRIMINAL LAW

Subject: 1.1 LEGAL METHODS

UID: UG23-34
Academic Year: 2023-24
Semester: I

Submitted by:
Daksh Poonia

Submitted to:
Dr. Anchit Verma, Assistant Professor of Law

MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR

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LIST OF STATUTES

TABLE OF CASES

TABLE OF ABBREVIATIONS

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LIST OF STATUTES........................................................................................................................................3
1.1 INTRODUCTION:....................................................................................................................................4
1.2 STATEMENT OF PROBLEM:....................................................................................................................5
1.3 LITERATURE REVIEW:.............................................................................................................................5
1.3.1 ‘The Relevance of Intention to Criminal Wrongdoing’ by Dana Kay Nelkin....................................5
1.3.2 ‘Intention in Criminal Law- A Rejoinder’ by Jeremy Horder............................................................6
1.4 RESEARCH DESIGN.................................................................................................................................6
1.4.1 Research Problem...........................................................................................................................6
1.4.2 Research Methods..........................................................................................................................7
1.4.3 Research Aims and Objectives........................................................................................................7
1.4.4 Research Questions........................................................................................................................7
1.5 SCOPE AND LIMITATIONS......................................................................................................................7
1.6 ANALYSIS................................................................................................................................................7
1.6.1 Intention and Mens Rea..................................................................................................................7
1.6.2 Types of Mens Rea..........................................................................................................................8

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1.1 INTRODUCTION:

1.2 STATEMENT OF PROBLEM:

The intricate nature of intention in criminal law raises challenges in distinguishing criminal
liability from innocent acts, leading to complex determinations of guilt or innocence and posing
questions about its application, interpretation, and impact on justice within the criminal justice
system

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1.3 LITERATURE REVIEW:

1.3.1 ‘The Relevance of Intention to Criminal Wrongdoing’ by Dana Kay Nelkin1

In this particular article, the author sets the idea that Intention is one of the key indicators
in determining crime, because of ‘Mens Rea’ or criminal Intention. However, it poses the
question whether intentions should play the pivotal role that they do in determining the
categorization of crimes? It elucidates how the appropriate perception of intentions as
being significant is an essential and fundamental way for the classification of
wrongdoing. It goes on to explain why they are relevant to criminal wrongdoing in
particular.

1.3.2 ‘Intention in Criminal Law- A Rejoinder’ by Jeremy Horder2

Through this article, the author aims to explain the role of Intention in criminal law by
believing that one cannot fully comprehend how the definition of intention might change
depending on the context unless they are aware of the various roles that intention plays in
criminal law. It further goes on to constitute wrongs which are a part of Crime, and which aren’t,
and shares light on why some may be seen as under the ambit of criminal law and what it takes
to come under this umbrella.

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Horder, J. (1995). Intention in the criminal law a rejoinder. Modern Law Review, 58(5), 678-691.

2
Nelkin, Dana Kay and Rickless, Samuel C., The Relevance of Intention to Criminal Wrongdoing (December 1,
2016). Criminal Law and Philosophy, Volume 10, Issue 4, pp. 745–762, December 2016, San Diego Legal Studies
Paper No. 16-230, Available at SSRN: https://ssrn.com/abstract=2864777

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1.4 RESEARCH DESIGN
1.4.1 Research Problem
The purpose of this paper is to delve into the concept of intention in criminal law, examining its
importance in determining criminal liability and the impact it has on sentencing outcomes.
The study aims to shed light on how mens rea considerations affect the fairness and effectiveness
of the criminal justice system. 

1.4.2 Research Methods

The approach used in this project is descriptive and analytical. It is a Doctrinal method of
research as it is based on books, articles, publications and other secondary sources available
freely on the internet.

1.4.3 Research Aims and Objectives

i. To study the history and evolution of role of Intention and Mens rea in crime
ii. To study various types of Mens rea in criminal law
iii. To assess the practical challenges and ethical implications related to mens rea in criminal
trials.

1.4.4 Research Questions

i. What does Intention mean and how has it evolved for the classification of Crime
ii. What are the various types of Mens rea in criminal law?
iii. What are some practical challenges and lacunae in relation to the current form of Mens
rea and Intention’s role?

1.5 SCOPE AND LIMITATIONS

Given that time and energy is of finite quantity, the researcher will limit himself to the history of
the Role of Intention in criminal law and its relevance and challenges it faces in today’s legal
juncture.

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1.6 ANALYSIS
1.6.1 Intention and Mens Rea
"Mens rea" is a legal term that generally refers to the guilty state of mind, the absence of which
renders any particular offense ineffective. It's among the most crucial components of criminal
responsibility. A legal violation is only considered a criminal offense when it is committed with
intent. Mens rea refers to intentional, and unlawful behavior. An action only becomes criminal
when it is carried out with a guilty conscience. Most of the time, if someone is acting innocently,
no crime is being committed. A person must be in a mentally blameworthy state before they can
be charged with a crime.
The Latin phrase "mens rea" signifies "guilty mind." This is the mental component of the crime,
the component of a person's purpose to commit a crime, or the awareness that one's action or
inaction will result in the commission of a crime. It is a need for multiple offenses. To have a
guilty mind is to have the desire to do wrongful act which is considered illegal by law. Criminal
law distinguishes between intention and motive.
It comes from the Latin phrase "actus reus non facit reum nisi mens sit rea" (an act is not guilty
unless the mind is not guilty). Mens rea refers to a guilty mental state, whether it be caused by
knowledge, purpose, or something else entirely.3
Mens rea denotes intention, whereas actus rea denotes a specific action.
For a person to be accused of a crime, both the action and the intention must be proven. It is also
necessary to take into account the sort and degree of causality. For the purpose of determining a
criminal charge, all valid defenses, mitigating circumstances, and extenuating circumstances
must be taken into account.
A person can be judged guilty of a crime if they did it -
Purposefully,
Knowingly,
Recklessly,
Negligently.
The first two of the aforementioned are considered "intentional" crimes and are considered to be
more serious crimes. The latter two are classified as "unintentional" crimes and are less serious
than the former two. There are various punishments for the two offences.

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Mens Rea – An Important Element To Criminal Law
By Ijalr

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1.6.2 Types of Mens Rea
When a defendant commits a crime, one of the following mens reas or degrees of responsibility
will be present in their criminal case:
i. Intent. A person has criminal intent when they act with the intention of committing a
risky or unlawful act. An example of a defendant assaulting a victim with the intention of
harming them might be.

ii. Knowledge. Criminal knowledge is the conscious awareness that one's actions would
cause a certain kind of harm. Example: The defendant struck the victim even though they
had no intent to harm them.

iii. Recklessness. A person might be deemed irresponsible when they act in a certain way
even when they are aware of the hazards. As an illustration, a drunk driver who gets
behind the wheel of a car can cause a collision and hurt someone else.

iv. Negligence. A person may be considered negligent if their actions fall below a reasonable
level of care. Example: A child is injured while being watched by a babysitter because
the babysitter neglected to do their job.