- The criminal intent can be inferred by the actions, steps taken, commitments made, orders passed and authority exercised by the accused-appellants — If such actions etc. have any tendency or likelihood of giving undue benefit to them in reward of advantage, or their deliberate failure to prevent it, criminal intention may be inferred, but if it is a simple bona fide failure in following the due procedure or not acting strictly in accordance with the rules and laws prescribed for the purpose, it cannot be said that accused have been activated with criminal intent — It may have different consequences under law relating to the discipline of civil servants but not the criminal liability — It is the level of the responsibility and gravity of consequences arising from commission or omission of fact which determines the intention — The test to allege the guilty mind is to see what was the motive of alleged person in doing the criminal act. Mens rea has to be present behind an act of dishonesty, fraud and criminal misconduct. M. Munir Awan v. AJK Ehtesab Bureau 2005 SCR 109 (K)
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