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Strict Liability

Definition

A narrow class of offences (food adulteration, motor vehicle regulation, NDPS Section 35 presumption) where mens rea is presumed or not required.

Mens rea requirement
Presumed or not required
Scope
Narrow, defined class of offences
Example area
Food adulteration, motor vehicle rules
Statutory example
NDPS Act, Section 35 presumption

Common questions

What is the NDPS Section 35 presumption?+

Section 35 of India's Narcotic Drugs and Psychotropic Substances Act allows a court to presume the accused had the culpable mental state for a narcotics offence once possession is proven, shifting the burden onto the accused to rebut that presumption rather than requiring the prosecution to prove intent.

How does strict liability differ from most criminal offences?+

Most criminal offences require the prosecution to prove both the guilty act and a guilty mental state. Strict liability offences, such as UK regulatory and traffic offences or US statutory strict-liability crimes, dispense with proving that mental state, so establishing the prohibited act or condition alone can be sufficient for conviction.

Related terms

Actus Reus
The guilty act: the physical conduct, the consequence, and the surrounding circumstances that the law forbids. Without a voluntary act there is...
Civil Wrong (Tort)
A breach of a private duty where the remedy is damages or injunction rather than imprisonment. A negligent driver may face both...
Crime (Legal)
An act or omission punishable by penal law; under BNS 2023 Section 2(15), an 'offence' is any act made punishable by the...
Criminology
The scientific study of crime, its causes and distribution across populations, the operation of criminal justice institutions, and strategies for prevention and...
Mens Rea
The guilty mind: intention, knowledge, recklessness, or negligence as required by the section charged. BNS Section 3 sets out general explanations of...

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