Multiple choice

For which of the following offences, mens rea is not a requisite?

  1. Kidnapping

  2. Robbery

  3. Trespass

  4. None of the above
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A Correct answer
Explanation

Kidnapping is a strict liability offence where mens rea (guilty mind/intent) is not an essential ingredient. The offence of kidnapping under Section 361 (taking or enticing a minor) or Section 363 (punishable form) is complete once the act of taking or enticing is proved, regardless of the defendant's intent regarding criminal purpose. This distinguishes kidnapping from other offences like robbery or trespass which require guilty mind. In kidnapping, the actus reus itself constitutes the offence.

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