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Mens Rea In Economic Offences Under Indian Criminal Law: Legislative Dilution, Judicial Resistance, And The Limits Of Regulatory Criminalisation




Vijay Kumar, Jannayak Karpoori Thakur Vidhi Mahavidyalaya, Buxar (Bihar)


ABSTRACT


The doctrine of mens rea has historically functioned as the moral and jurisprudential foundation of criminal liability under Indian criminal law. Rooted in the common law maxim actus non facit reum nisi mens sit rea, the requirement of a culpable mental state ensures that criminal punishment is reserved for blameworthy conduct. However, the rapid expansion of economic regulation in India has generated a parallel trend of legislative dilution of mens rea, particularly through the creation of strict liability offences and reverse burden clauses. This development, justified in the name of regulatory efficiency and revenue protection, raises profound questions about the legitimacy of criminal punishment without fault.


This article undertakes a critical examination of the treatment of mens rea in economic offences under Indian criminal law. It argues that while strict liability may be defensible in the domain of civil penalties and administrative enforcement, its extension to criminal prosecution involving imprisonment or moral stigma undermines foundational principles of criminal jurisprudence and constitutional safeguards under Articles 20 and 21 of the Constitution of India. Through an analysis of leading Supreme Court decisions, the article demonstrates that Indian courts have increasingly assumed the role of a constitutional firewall, resisting the unqualified transformation of criminal law into a regulatory instrument. The article further contends that the persistence of mens rea is not an impediment to economic governance but a necessary condition for preserving the moral legitimacy and normative coherence of criminal law.


Keywords: Mens Rea; Economic Offences; Strict Liability; Regulatory Criminalisation; Constitutional Due Process



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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