Practicing Success
For which of the following offences , mens rea need not be present for an act to be considered as crime? |
Offence under Negotiable Instruments Act, 1881 Offence under Customs Act, 1962 Offence under Information Technology Act, 2000 All of the above |
All of the above |
There are some exceptions to the thumb rule of mens rea to be present for an act to be considered as crime. These are generally the offences which arise due to a 'strict liability'. These offences are also termed vicarious or deemed liability offences. Examples of such offences can be found in Special Acts such as the Negotiable Instruments Act, 1881, the Customs Act, 1962, and the Information Technology Act, 2000, which provide for deemed offences by directors / responsible officers of a company, if a company has committed a contravention / offence. Such deemed liability disregards whether there was actually any mens rea or not on the part of the person concerned. |