THE IPC, for every offence prescribes different kind of mens rea. the common law principle of mens rea is not applicable. Ther are certain offences like kidnapping, rape, waging war, selling obscene books etc., where the language of section do not requires any particular kind of mens rea. which of the following is correct:-
1} that mens rea is immaterial in such cases and even if accused is innocent and done the act under misconception or otherwise without evil motive. it is a case of strict liability
2} that the prosecution is not bound to prove the existance of guilty mind of accused, the onus to prove absence of guilty mind is upon accused, and only when the accused discharges his onus, the prosecusion is under onus to prove mens rea.