Malum in se or Mala in se (plural) – Wrong or evil in itself, or crime that is considered wrong in and of itself.’
Malum in Se
Definition:
Malum in se (plural: mala in se) is a Latin term meaning “wrong in itself.” These are acts that are considered morally wrong, evil, or inherently criminal, regardless of whether a law exists prohibiting them.
In other words:
These crimes are universally condemned because they violate natural justice, ethics, or morality.
Their wrongfulness is independent of legal statutes.
Key Characteristics of Malum in Se Crimes:
Universally considered immoral or evil.
Requires mens rea (criminal intent) in most cases.
Punishment is imposed because the act is intrinsically wrong.
Examples include murder, rape, theft, arson, and assault.
Legal Basis and External Law
Indian Penal Context:
Crimes like murder (Section 302 IPC), rape (Section 375 IPC), and theft (Section 378 IPC) are considered malum in se because they are inherently wrong, not just because a law prohibits them.
Common Law Context:
In common law jurisdictions, malum in se crimes generally require proof of intent (mens rea). This is in contrast to malum prohibitum, which may be regulatory and can sometimes be strict liability offenses.
Case Law Examples
R. v. Cunningham (1957) 2 QB 396 (UK)
Issue: Maliciously causing harm.
Significance: This case involved a malum in se offense where criminal intent (mens rea) was essential.
State of Maharashtra v. Mohd. Yakub (1980)
Issue: Murder.
Significance: The act of murder is malum in se; intent to kill or cause grievous harm is critical for conviction.
Regina v. Brown (1993) 2 WLR 556 (UK)
Issue: Assault causing bodily harm.
Significance: Even consensual harm can be criminalized when the act is malum in se.
Key Points to Remember
| Feature | Malum in Se | Malum Prohibitum |
|---|---|---|
| Nature of Act | Inherently wrong or evil | Wrong because prohibited by law |
| Morality | Universally immoral | Not necessarily immoral |
| Mens Rea (Intent) | Required | May not be required |
| Examples | Murder, theft, rape, arson | Tax evasion, jaywalking, parking violations |
| Purpose of Punishment | Punish moral wrongdoing | Regulate behavior or protect public interest |
In short, malum in se crimes are wrong by their very nature, and society inherently condemns them, while malum prohibitum crimes are wrong only because the law says so.
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