R v. Prince ( Justice Blackburn)
Fact of the case - Henry Prince unlawfully took a girl below the age of 16 years without the permission of a lawful guardian which was an offence under section 5573 of offence against the Person Act, 1861, this section was related to abduction. here actus Reus was present but the men’s Reus was absent as the prince didn’t know about the actual age of the girl, he proved that the girl he took looked 18 years old and she went with him with her consent and she mentioned her age is 18. He doesn’t have mala fide intention to abduct her.
Issue - whether actus Reus is enough to make someone liable without mens Reus?
Decision - The court denied the defence of the defendant. And held that the section does not mention the men’s rea, i.e. intention, knowledge etc. Justice Blackburn denied that the provision did not require guilty intention or knowledge and denied the application of the maxim of actus non facit reum, nisi men’s sit rea, on the base of this maxim court cannot insert intention.
Here strict liability was followed and Prince was convicted of the charges of kidnapping even without a guilty mind.
