Role of Mens Rea and Actus Reus in determination of Terrorism Cases

Authors

  • Malik Asif Iqbal Deputy prosecutor General, Anti-Terrorism Courts, Faisalabad, Punjab, Pakistan
  • Hafiz Muhammad Azeem Assistant Director (Legal), Federal Investigation Agency https://orcid.org/0009-0006-3699-5152
  • Tahir Kazim Director Legal Affairs, ICT Police, Islamabad, Pakistan

DOI:

https://doi.org/10.35484/pssr.2024(8-II-S)61

Keywords:

Anti-Terrorism Act, Anti-Terrorism Laws, Mens Rea, Actus Reus, Terrorism

Abstract

This research paper examines the role of mens rea and actus reus in determination of terrorism charges in a case. In spite of substantial worldwide comprehensive efforts to curb the menace of terrorism, on the legal side there is still a gap. There is no universally accepted definition of this term. In Pakistan, the broad and ambiguous definition of terrorism in the ATA has led legal jurisprudence to overlaps with regular penal laws. There have been two approaches developed under ATLs: one, the mens rea-based approach; and second, the actus reus-based approach. This study discovers the use of these two approaches in execution and prosecution of ATLs. This research uses a comprehensive analysis of existing legal scholarship, judicial opinions, and landmark case-laws. It concludes that mens rea-based approach can significantly enhance the precision and fairness in determination whether a case falls under terrorism laws or not.

 

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Published

2024-07-08

Details

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    PDF Downloads: 28

How to Cite

Iqbal, M. A., Azeem, H. M., & Kazim, T. (2024). Role of Mens Rea and Actus Reus in determination of Terrorism Cases. Pakistan Social Sciences Review, 8(2), 694–704. https://doi.org/10.35484/pssr.2024(8-II-S)61