The 'mens rea' is an essential element to constitute an offence under Indian Penal Code, 1860. Discuss briefly.

The basic principle of criminal liability is embodied in the legal maxim ' actus non facit reum, nisi mens sit rea '. It means 'the act alone does not amount to guilt; the act must be accompanied by a guilty mind'. The intention and the act must both concur to constitute the crime. Mens rea is defined as the mental element necessary to constitute criminal liability. It is the attitude of mind which accompanies and directs the conduct which results in the 'actus reus'. The act is judged not from the mind of the wrong-doer, but the mind of the wrong-doer is judged from the act. 'Mens rea' is judged from the external conduct of the wrong-doer by applying objective standards. The word 'mens rea' as such is not used in the Indian Penal Code, 1860, but the idea underlying in it is seen in the entire Code. Generally, in the Indian Penal Code, 1860, every offence is defined with precision embodying the necessary mens rea in express words. The mens rea or evil intent of the wrong-doer is indicated by the use of such words as- intentionally, voluntarily, fraudulently, dishonestly, maliciously, knowingly etc.