The Parliament passed many laws in the interest of public safety and social welfare. It imposes absolute liability in Criminal Law. Elaborate.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2021
The Parliament passed many laws in the interest of public safety and social welfare. It imposes absolute liability in Criminal Law. Elaborate.
Answer & Explanation:
The Latin word mens rea is concerned with criminal liability and it means guilty mind i.e. the intention or knowledge of wrongdoing that constitutes part of a crime. The basic principle of criminal liability is embodied in the legal maxim ' actus non facit reum, nisi mens sit rea '. It means that the act alone does not amount to guilt; the act must be accompanied by a guilty mind. The intention and the act must both concur to constitute the crime. There are many exceptional cases where mens rea is not required in criminal law. 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. In the interest of public safety, strict liability is imposed and whether a person causes public nuisance with a guilty mind or without guilty mind, he is punished. If a person violates a law even without the knowledge of the existence of the law, it can still be said that he has committed an act which is prohibited by law.
Topics: Criminal Law
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