Law:

Section:

(a) Maxim-------"Actus non facit reum nisi mens sit rea"---Meaning and scope---Act does not make a person guilty unless the mind is also guilty---Actus reus in simple parlance is the actual act of committing some offence contrary to the law of land and mens rea is the intent to commit that offence---If either of the elements is missing, the conduct would not attract a penal provision unless it is a case of strict liability wherein absence of mens rea may not be fatal to prosecution. (b) Penal Code (XLV of 1860)--- ----S. 420---Cheating---Mens rea and actus reus---Proof---Pre-requisites---Two ingredients are pre-requisites for trying and punishing an accused under S. 420, P.P.C.---"Cheating dishonestly" is indicative of mens rea, whereas "inducing a person to deliver any property to any person, or to make, alter or destroy" constitutes the actus reus. (c) Penal Code (XLV of 1860)--- ----S. 468---Forgery for the purpose of cheating---Mens rea and actus reus---Proof---Pre-requisites---Actus reus under S.468, P.P.C. is making of a false instrument whereas mens rea is three fold i.e. that the document is used to induce someone to accept it as genuine; that the person before whom the document is produced will accept it as genuine and in so doing he will do some act or omit to do something to his own or someone else is damaged or injured or is intended to "support any claim or title" or with an intent to commit fraud; and that the maker of false instrument / document is aware that the document in question is false. (d) Penal Code (XLV of 1860)--- ----S. 471---Using forged document as genuine---Mens rea and actus reus--- Proof--- Pre-requisites--- Actus reus under S. 471, P.P.C. is the act of using a forged document as genuine and mens rea would be his dishonest intent and knowledge that the document is forged. (e) Penal Code (XLV of 1860)--- ----Ss. 420, 468 & 471---Cheating, forgery for the purpose of cheating and using forged document as genuine---Reappraisal of evidence---Forged appointment letter, non-production of---Mens rea and actus reus---Proof---Allegation against accused was that he prepared forged appointment letter and on the basis of the same sought…

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