LITERAL MEANING
Mind to harm
ORIGIN
Latin ( animus=mind + noceo= to harm)
EXPLANATION
Animus nocendi is the essential element for establishing a crime in the area of criminal jurisprudence. It tells about the state of mind of an accused person with regard to the knowledge and intention of the illegality of the person’s behavior, and its possible consequences. Animus nocendi is often absent in minors and mentally ill and unsound people. The maxim serves as aids in the detection of the innocence or criminal intent of the person. This is as important element in the commission of a crime. To prove animus nocendi 3 elements have to be satisfied :
- knowledge of law; it is presumed that the offender is aware that his acts are in violation of the existing laws.
- knowledge of the consequences of the act.
- Intention to violate the law by the act and its consequences.
ILLUSTRATION
A and B are two friends. A while handing over a brick to B, loses the grip over the brick and it falls on B’s legs. Should A be held liable of causing hurt to B? Since A’s intention was not to cause hurt to B and the whole incident was merely an accident, A cannot be held liable of causing hurt to B. However, had it been that A threw the brick on B with an intention of causing hurt to him, he would have been criminally liable of punishment.
CASE LAWS
In Ryland vs. Fletcher
The Court held that the element of animus nocendi is not required. Instead, the principle of strict liability was laid down, stating that irrespective of whether the intention was present or not, the person will be liable for keeping a hazardous substance in their premises and its escape causes damage.
In M.C.Mehta vs Union of India (Oleum Gas Tragedy case)
The Court had taken the intention into consideration and imposed an absolute liability for the severe damage caused to the life and health of neighboring residents.
Also Read: Audi Alteram Partem
