The classical view of that 'no mens rea, no crime' has long been eroded. Elaborate.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2022
The classical view of that 'no mens rea, no crime' has long been eroded. Elaborate.
Answer & Explanation:
Where a statute imposes liability, the presence or absence of a guilty mind is irrelevant. The classical view of that 'no mens rea, no crime' has long been eroded and several laws in India and abroad, especially regarding economic crimes and departmental penalties, have created severe punishment even where the offences have been defined to exclude mens rea. Many laws passed in the interest of public safety and social welfare imposes absolute liability. This is so in matters concerning public health, food, drugs, etc. There is absolute liability (mens rea is not essential) in the licensing of shops, hotels, restaurants and chemists establishments. The same is true of cases under the Motor Vehicles Act and the Arms Act, offences against the State like waging of war, sedition etc.
Topics: Criminal Law
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