IF definition of some offence in IPC lacks intention; Is Mens Rea not considered there??? India,see more.?

Question

Defination of section 153 A & 153 B of Indian Penal Code(according to my knowledge) don't mention about intentions of offender ; does it mean that "Mens Rea"is not considered there??
If someone says about short comings of whole India or Indian people ; does it also come under section 153 A or 153 B & amount offence???

Answer 1

Any crime constitutes of two factors mens rea & actus reus. Whether the provision of any criminal law specifically provides these or not these factors have to construed from the provisions. The factor mens rea relates to the mental status to commit the offence & actus reus is with taking steps towards accomplishing the offence. As far the mental status is concerned it may be mentioned in the provisions relating to any offence as ‘intention to commit’ or ‘knowledge to commit’ the offence or it may not use such words but will be construed by other words & essence of the provision, such as in section 153A (1) Whoever (a) by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, or
(b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquility, in this case here the use of words spoken or written or signs or by visible representation or otherwise , have to be with an intention to promote or attempt to promote disharmony or feelings of enmity, hatred, or ill will if there is no such intention then such words or representation etc will not amount to commit disharmony or feeling of enmity. The words used or any representation made will show this intention of committing such disharmony or enmity. The intention or mens rea of the accused can be construed from the material on record with regards to the words he/she uses or representation he/she makes. No crime is complete without these two factors as I mentioned above.

Answer 2

Is the Actus Reus present??

Answer 3

buddy