Author: A. Karunakaran

Introduction On 15 September 2025, the Supreme Court of India issued an interim order examining the constitutional validity of the Waqf (Amendment) Act, 2025. While the Court refused to grant a blanket suspension of the statute, thereby reaffirming the presumption of constitutionality attached to parliamentary enactments, it simultaneously recognised that certain provisions raised serious prima facie concerns and could result in irreversible consequences if allowed to operate. Accordingly, the Court placed a partial stay on specific provisions, most notably the requirement that only a person who had practised Islam for at least five years could create a waqf, as well…

Introduction The fundamental principle of criminal liability is that there must be a wrongful act (actus reus)[1], combined with a wrongful intention (mens rea). This principle is embodied in the maxim, actus non facit reum nisi mens sit rea, meaning an act does not make one guilty unless the mind is also guilty. A mere criminal intention not followed by a prohibited act cannot constitute crime. Similarly, mere actus reus ceases to be a crime as it lacks mens rea. In juristic concept, actus reus represents the physical aspect of crime and mens rea, its mental aspect, which must be…