Mens Rea and Strict Liability in BNS: A Criti...

Mens Rea and Strict Liability in BNS: A Critical Analysis

Author Name : Ankita Gandhi

ABSTRACT The Bharatiya Nyaya Sanhita, 2023 (BNS) represents a major overhaul of India’s criminal law framework, replacing the colonial-era Indian Penal Code with a modern statute aimed at enhancing justice delivery. One of the most significant doctrinal concerns arising from this transition is the treatment of mens rea—the guilty mind—and the scope of strict liability offences. This paper critically examines how the BNS rearticulates traditional principles of criminal responsibility while simultaneously expanding the domain of offences that dispense with the requirement of mens rea.