COMPARATIVE ANALYSIS OF GOOD FAITH IN INDIA AND OTHER JURISDICTIONS
COMPARATIVE ANALYSIS OF GOOD FAITH IN INDIA AND OTHER JURISDICTIONS

Summary/Abstract: The essence of criminal law lies in the maxim, „actus non facit reum nisi mens sit rea,” which means that there can be no crime, large or small, without an evil mind. It underscores the basic principle that the core of an offense is the wrongful intent, without which no criminal liability can exist. This research paper conducts a comparative analysis of the concept of good faith as it is interpreted in India and other comparative jurisdictions, illustrating how this principle influences the application of criminal law globally. Good faith, often serving as a shield against liability where wrongful intent is absent, varies significantly across legal systems. The paper explores these variations, examining statutory frameworks, judicial interpretations, and the practical application of good faith in different countries. Through a detailed comparison, this study highlights the differences and similarities in how legal systems around the world mitigate the harshness of law by recognizing the role of good intentions and the absence of malice in preventing wrongful convictions.

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