Strict Liability Offences In Criminal Law: A Legislative Overreach? Comparison Between The Criminal Jurisprudence In India And Common Law
Gaurav Parewa, National Law Institute University, Bhopal
ABSTRACT
One of the most important ingredients of crime is the presence of Mens Rea or the mental component of the offender, but the principle of Strict Liability forgoes the element of Mens Rea in deciding this liability. With the passage of time, there is an increase in the provisions related to Strict Liability offences. This paper tries to conduct a general and comparative study between Strict Liability criminal jurisprudence in India as against the Common Law system. Various literatures and the decisions of courts (both India and Common Law system) are considered where in the institution of justice, judges favoured the Strict Liability Doctrine, where mental element has been ignored as studied below in cases and developments from time to time. The legal provisions of the Indian Penal Code of 1860 and other specific statutes are thoroughly examined. In addition, the Narcotic Drugs and Psychotropic Substances Act of 1985 is analyzed in light of its Strict Liability clauses to determine if it constitutes a legislative overreach on the part of the legislature.
Keywords: Strict Liability, NDPS Act, Mens Rea, Indian Penal Code, Common Law.
