Legal Dictionary of Pakistan

criminal intent

1 MENS REA. 2. AIi mtont to commit an actus reus without any justification. excuse, or other defense. "The phrase 'criminal intent' is one that has been h,r~.. died about with various meanings not carefully distrn. guished. At times it has been used in the sense of t?.e 'intent to do wrong' (the outline of the mental pato rn which is necessary for crime in general), - as for example, in the phrase 'the mental element commw;h called criminal intent.' At times it has been used in the sense of mens rea as the mental element requisite for guilt of the very offense charged, 'a varying state of mind which is the contrary of an innocent state of mind, whatever may be pointed out by the nature of the crime as an innocent state of mind.' Often it is used to include criminal negligence as well as an actual intent to do the harmful deed, although at other times such negligence is referred to as a substitute, so to speak, for criminal intent in connection with certain offenses. Occasionally is found in the sense of an intent to violate the law, -implying a knowledge of the law violated. On the other hand, as such knowledge is a factor not ordinarily required for conviction it has been pointed out that to establish ignorance of the law does not disprove criminal intent. Thus it has been said (assuming the absence of any circumstance of exculpation) 'whenever an act is criminal, the party doing the act is chargeable with criminal intent.' . . . This suggests a helpful guide for the use of the phrase 'criminal intent.' Some other term such as mens rea or guilty mind should be employed for more general purposes, and 'criminal intent' be restricted to those situations in which there is (1) an intent to do the actus reus, and (2) no circumstance of exculpation." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 8.32-34 (3d ed. 1982).