All India Bar Examination (AIBE) 17-XVII Previous Year Question Papers with Answers

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64.

Name two essential conditions of Penal Liability.

A: Guilty Body & Rightful Act
B: Guilty Intent & Wrong Motive
C: Guilty Mind & Wrongful Act
D: Guilty Motive and Wrongful Act

The answer is: C

Explanation

The correct option is C: Guilty Mind & Wrongful Act.

This is based on the maxim "actus non facit reum nisi mens sit rea" which means "an act does not constitute guilt unless it is done with a guilty intention". Penal liability is the theory of punishment for wrongs, and it requires both a wrongful act (actus reus) and a guilty mind (mens rea) to establish the liability of the wrongdoer. A wrongful act is an act that violates the legal rights of others or the law itself, and a guilty mind is the state of mind that accompanies the act, such as intention, knowledge, recklessness, or negligence. Both elements must be present at the same time for penal liability to arise.

For example, if a person kills another person intentionally, he has committed a wrongful act with a guilty mind, and he is liable for murder. But if a person kills another person by accident, he has committed a wrongful act without a guilty mind, and he may not be liable for murder, but for a lesser offense such as manslaughter.