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3 years ago

I unknowingly forwarded a fake message in what's app group regarding tenth class time table again with in 2 minutes I delted it for all by knowing that was fake . Will this come under criminal case

Adv. Sarika Khude

Responded 3 years ago

A.There is no mense rea that is guilt mind...it is no criminal act.
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Kishan Dutt Kalaskar

Responded 3 years ago

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A.No, you have repented and rectified your mistake. There is no mense rea that is guilt mind...it is no criminal act. Nothing to worry. Please give me Rank 5 if you feel my answer helped you.
Mens Rea
Actus non facit reum nisi mens sit rea
The above well-known latin maxim describes the relation between mens rea and a crime in general. Actus reus means a wrongful act. Mens rea means a wrongful intention. The maxim means that an act does not itself make one guilty unless the mind is also guilty. The mere commission of a criminal act or violation of law is not enough to constitute a crime. These generally require, in addition, some elements of wrongful intent or other fault. Mens Rea is a technical term. It means some blameworthy condition of the mind, the absence of which on any particular occasion negatives the condition of crime. It is one of the essential ingredients of criminal liability. A criminal offences is said to have been committed only when an act, which is regarded as an offence in law, is done voluntarily. Hence, an act becomes criminal only when done with a guilty mind.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.No. as you have deleted in time and should send a clarification SMS to protect your interest.
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Rameshwar Dadhe

Responded 3 years ago

A.Ignore it
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