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
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- Mens Rea
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