What Is The Meaning Of The Term Animus Nocendi?
The term Animus Nocendi originated from Latin in its literal sense means ‘mind to harm’.
The term Animus Nocendi in criminal jurisprudence is indicative of the state of mind of the criminal committing a crime.
The principle states that the offender of the crime has the actual and exact knowledge of the criminal act that he is about to commit and he or she is well aware of the consequences of such criminal act.
The constituent elements of Animus Nocendi are the following –
- The offender of the crime has knowledge of the law and is aware that the acts performed by him or her are in violation of the law.
- The offender having the knowledge of the consequences of the act done by him.
- The offender having the intention to violate the law through the act performed by him and the consequences of such acts.
In the state of mind is said to be absent or not in its full functioning in a mentally disabled person or a person suffering from mental illnesses therefore there is a possibility of them not being held for the crime as compared to the person being completely aware of the act performed by him or her to be against any violation of the existing laws.
Similarly. Minors also are considered incapable of knowingly committing acts that are criminal in nature, hence are mostly sent to correction homes than being severely punished for even serious crimes.