Cyber law
3 years ago
My question is does mens rea or intention matters in cyber crimes or is it a strict liability law. ( Under IT act 2000)
A.HI
Mens rea is not a requirement but is rather a general rule under the penal provisions of the IT Act.
The element of mens rea in Cyber-crimes is that the offender must have been aware at the time of causing the computer to perform the function that the access thus intended to be secured was unauthorized.
Hope this information is useful.
Mens rea is not a requirement but is rather a general rule under the penal provisions of the IT Act.
The element of mens rea in Cyber-crimes is that the offender must have been aware at the time of causing the computer to perform the function that the access thus intended to be secured was unauthorized.
Hope this information is useful.
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A.Dear Sir,
First understand and decide. normally mens rea is required even in cyber crimes. Please give me Rank 5 if you feel my answer helped you
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The presence of Mens Rea implies that the wrongdoer had the ability to choose between what is good and what is not. In Indian Penal Code (IPC), the significance of word 'Mens Rea' can be traced in two ways: 1. All the definitions of crime are carefully defined with focus on showing the evil intention for doing the act
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As in traditional crimes, for a cybercrime to exist four elements must be present: actus reus (the prohibited act or failing to act when one is supposed to be under duty to do so); mens rea (a culpable mental state); attendant circumstances (the existence of certain necessary conditions); and harm resulting to persons
First understand and decide. normally mens rea is required even in cyber crimes. Please give me Rank 5 if you feel my answer helped you
=======================================================
The presence of Mens Rea implies that the wrongdoer had the ability to choose between what is good and what is not. In Indian Penal Code (IPC), the significance of word 'Mens Rea' can be traced in two ways: 1. All the definitions of crime are carefully defined with focus on showing the evil intention for doing the act
======================================================
As in traditional crimes, for a cybercrime to exist four elements must be present: actus reus (the prohibited act or failing to act when one is supposed to be under duty to do so); mens rea (a culpable mental state); attendant circumstances (the existence of certain necessary conditions); and harm resulting to persons
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Devesh Tripathi
Responded 3 years ago
A.mens rea applying in all criminal cases this doctring is essentialy becomes part of decision alongwith facts and proofs. are you student of law?
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Devesh Tripathi
Responded 3 years ago
A.In all criminal matters doctrine of mens rea is applicable. are you a law student?
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Sarvesh Kumar
Responded 3 years ago
A.A mens rea requirement distinguished individuals who break the law only accidentally or inadvertently from ones who do so wantonly, with only the latter being held criminally responsible for their actions.Requiring the government to prove that a defendant acted with criminal intent
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
Cybercrime is an organized crime and the court always believe that the accused has men's rea.
Now the only way we can defend the accused by seeing the nature and process adopted in the crime, material evidence against him, etc.
Cybercrime is an organized crime and the court always believe that the accused has men's rea.
Now the only way we can defend the accused by seeing the nature and process adopted in the crime, material evidence against him, etc.
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