INTRODUCTION
“Mens rea”— referred to as the concept of intent in criminal law is a cornerstone of modern jurisprudence. An act (“actus reus”) is necessary to establish a crime; the intention behind the act determines the true nature. A complex interplay of psychology, sociology, and law is unveiled by exploring the mindset and intent of criminals. The blog shall delve into the dynamics of motives, intents, consequences, and rationalisations while exploring the most intriguing aspects of criminal psychology and its societal impact. Understanding the “mens rea” behind the crime helps society as a whole to distinguish between what behaviours are considered criminal. It defines a society as being between an accident and a deliberate action to cause harm. Therefore, such accountability is crucial for preserving social order and preventing overreaching and infringement of individual rights.
UNDERSTANDING CRIMINAL INTENT: FOUNDATION
Referring to the legal language, ‘mens rea’ refers to the defendant’s guilty state of mind, as an element in proving the crime with which he or she is charged. The mental element distinguishes accidental actions and deliberate wrongdoing. The degrees of intent range from:
- General Intent (Culpa or Culpable): The intention of performing an act that has a criminal nature.
The concept of general intent is not explicitly defined in the Indian Penal Code (IPC). However, it is reflected in certain provisions of the IPC, providing context :
- Section 39 of IPC [1]‘Voluntarily_ An act done by choice
- Section 299 of the IPC [2]‘Culpable Homicide’_ An act done with the intention of likely causing death, but not involving the requirement of an intention to cause death. (awareness of possible consequences, but uncertain)
- Section 300 of IPC [3]‘Murder’_ An act intentionally causing death or causing bodily injury likely to cause death. (Having direct intention to cause death).
“Therefore, all murders are culpable homicides, but not all culpable homicides are murder.”
- Specific Intent: A deliberate decision made to achieve a specific outcome.
The concept of specific intent is reflected in various sections of the Indian Penal Code (IPC):
- Section 300 [4]‘Murder’_ To be convicted of murder, the person must have an intention to cause death or some bodily harm likely to cause death.
- Section 302 [5]‘Punishment for Murder’_ prescribes the punishment for murder, demanding a specific intent.
- Section 307 [6]‘Attempt to Murder’_ Offence of attempting to commit murder.
- Section 364A [7]‘Kidnapping for Ransom’_ Intent of kidnapping with the specific aim of demanding ransom.
- Negligence or Recklessness: A lack of consideration for the potential consequences one’s action could be causative of.
This concept is explicitly discussed in various sections of the Indian Penal Code (IPC), where an action may culminate in criminal liability due to carelessness or failure to take the required precautions. Some of the sections:
- Section 304A [8]‘Causing Death by Negligence’_ Applicable when the act causes death due to a negligent act, without any prior specific intent to kill.
- Section 185 [9]: ‘Driving under intoxication of Alcohol or Drugs_ Negligence or recklessness of driving under the influence of drugs or alcohol and other intoxicating substances, posing a danger to others, even if the driver lacks any intent to harm deliberately.
The nuances of intent are vital, as they often contribute towards determining the severity of the charges and the punishment, making it important to be considered.
“The differentiation between general and specific intent is a critical element of criminal trials.[10]
SOCIOLOGICAL FACTORS
Sociological Influences
- Peer Pressure: The desire for social acceptance and the need for inclusivity can drive individuals, especially adolescents, toward illegal activities.
- Economic Strain: Financial barriers such as poverty and lack of opportunity may tend to push individuals into a state of desperation that might culminate in crimes.
- Cultural Norms: Some societies might normalise or even celebrate criminal acts under certain conditions, encouraging more of such acts.
CASE STUDY: THE NIRBHAYA CASE (2012) [11]
Background
The conscience of the nation was shocked by this case. On the night of December 16, 2012, on a moving bus in Delhi, a young woman was brutally gang-raped and assaulted. The victim succumbed to her injuries a few days later, sparking nationwide outrage and debates about women’s safety and criminal intent in society.
The Mindset
The actions of the perpetrators are highlighted:
- Lack of Empathy: The brutality of the crime underscored a complete disregard and negligence for the victim’s humanity.
- Cultural Misogyny: The deeply ingrained patriarchal attitudes contributed significantly to the dehumanisation of the victim by the culprits.
- Group Dynamics: An amplified willingness was portrayed by the mutual participation of the culprits in committing the heinous act, emphasizing the group psychology influence in criminal behaviour.
“The Nirbhaya case exemplifies how cultural and social factors influence criminal intent.” [12]
The Legal Implications
Several significant legal reforms in India were initiated by the case, including:
- The Criminal Law (Amendment) Act, 2013 [13]Strengthening of laws against sexual violence.
- Fast-Track Courts: These were established to expedite trials in cases of sexual violence and harassment.
- Public Awareness: The case highlighted the need for a societal shift, particularly in the patriarchal attitudes toward women.
“The legal reforms following the Nirbhaya case marked a turning point in India’s approach to crimes against women.” [14]
RATIONALIZATION STRATEGIES
To avoid guilt or cognitive dissonance, Criminals often rationalise their actions:
- Denial of Victim: This involves convincing oneself, on the offender’s part, that the victim deserved the crime.
- Denial of Injury: Subconsciously making oneself believe that there was no causative damage caused.
- Appeal to Higher Loyalties: Justifying actions backed in the name of portraying loyalty to a group or a specific cause.
LESSONS FROM CRIMINAL PROFILING
To decode the mindset of offenders and understand their psychological patterns, the science of criminal profiling has evolved. By analysing the behavioural dynamics and patterns, law enforcement agencies may:
- Predict the possible actions in the future course of time.
- Identify potential suspects involved in the offence.
- Understand the motivators, rationalisations, and mental state of criminals.
Case Highlight: As examined by the profilers in the backgrounds of the perpetrators of the Nirbhaya Case, a history of economic hardship and lack of education was revealed. The patriarchal attitude towards the victims’ humanity also contributed to their criminal tendencies.
“Criminal profiling techniques provided insights into the offenders’ motives in the Nirbhaya case.” [15]
SOCIETY’S ROLE IN PREVENTION
Understanding the dynamics of criminal intent places a responsibility on society and its constituent members to address the root causes.
Therefore, initiatives that might be considered by the citizens include the following:
- Community Policing: Building foundational trust between law enforcement and communities.
- Mental Health Support: Involves observing and providing early intervention for at-risk individuals to reconstruct their better mental state.
- Education and Employment Programs: Promoting self-awareness about humanity, consent, intent, and basic judgmental analysis of right and wrong. Along with reducing financial burden and providing financial aid.
- Rehabilitation Over Punishment: Society’s understanding of criminal intent and psychology prioritises rehabilitation over just granting punishment. It inculcates the idea of ‘Restorative Justice Programs’, involving reconciliation between the offender and the victim, helping the offenders to understand the depth, impact, and the consequences of their act on the victim.
- Therapeutic Considerations: Providing a psychological treatment to the offenders may address the root cause of such criminal psychology, leading to such intent. Society can help in reducing recidivism by emphasizing rehabilitation and, the reintegration of offenders into society.
- Working on social disparities: Concerns such as inequality, lack of opportunities, and discrimination are among the major contributors towards the building of such a criminal intent and rage shall be looked upon by society.
These measures, if not directly, can mitigate factors that often lead to criminal behaviours and actions.
“An ounce of prevention is worth a pound of cure.”
– Benjamin Franklin
“This quote emphasises the need for preventive measures in addressing criminal behaviour.” [16]
CONCLUSION
Decoding of criminal intent and its dynamics demands an interdisciplinary approach, correlating law, psychology, sociology, and criminology. Cases like the Nirbhaya have underscored the significance of understanding the “WHY” behind criminal acts, and not just the “WHAT.” It deals with psychology and attitudes by addressing the root causes of criminal behaviours and involving high-efficiency profiling techniques. Even society can take significant strides toward justice and prevention, as at the end of the day, they’re all humans, whether a victim or a culprit. Exploring the complexities of mens rea, we strive to move closer towards creating not only a ‘punitive’ system but also a ‘rehabilitative’ one!
This study necessitates the dire need to understand the underlying criminal intent and psychology behind it to successfully decode and eradicate such acts and actions in society. Intent followed by actions can provide the judiciary with a more elaborate plan to act upon, fostering efficiency in the legal system and the pluralistic society as well, making it a place to live in safely and securely.
Author(s) Name: Pankhudi Rao (Asian Law College, Noida {Affiliated To Ccsu, Meerut})
References:
[1] Indian Penal Code, 1860, s 39
[2] Indian Penal Code, 1860, s 299
[3] Indian Penal Code, 1860, s 300
[4] Indian Penal Code, 1860, s 300
[5] Indian Penal Code, 1860, s 302
[6] Indian Penal Code, 1860, s 307
[7] Indian Penal Code, 1860, s 364A
[8] Indian Penal Code, 1860, s 304A
[9] Indian Penal Code, 1860, s 185
[10] Dressler, Joshua. Understanding Criminal Law. LexisNexis, 2020
[11] Mukesh & Anr vs State for NCT of Delhi & Ors, (2017) 6 SCC 1
[12] Raj, Mauli. “Cultural Factors Contributing to Sexual Violence in India: An Analysis.” Indian Journal of Criminology, 2015
[13] The Criminal Law (Amendment) Act, 2013 (India), s 375
[14] Ministry of Law and Justice, Government of India. The Criminal Law (Amendment) Act, 2013
[15] Sharma, Poonam. “Profiling Criminal Minds in India: A Case Study Approach.” Indian Police Journal, 2013
[16] Franklin, Benjamin. “An Ounce of Prevention is Worth a Pound of Cure.” Poor Richard’s Almanack, 1735
