Tag Archives: Mens Rea
Terrorist and Disruptive Activities Act
The word harbours used in TADA must be understood in its ordinary meaning as for penal provisions. It is therefore reasonable to attribute a mental element (such as knowledge that the harboured person was involved in a terrorist act) as … Continue reading
Filed under Law and Justice, Mens Rea
Foreign Exchange Regulation Act, 1947
Breach of a “civil obligation” which attracts “penalty” under Section 23(1)(a) FERA, 1947 and a finding that the delinquent have contravened the provisions of Section 10 FERA, 1947 would immediately attract the levy of ‘penalty’ under Section 23, irrespective of … Continue reading
Filed under Law and Justice, Mens Rea
Essential Commodities Act
Mens rea is an essential ingredient of a criminal offence. Doubtless a statute may exclude the element of mens rea, but it is a sound rule of construction adopted in England and also accepted in India to construe a statutory … Continue reading
Filed under Law and Justice, Mens Rea
Hyam v. Director of Public Prosecutions
Citation. 1 All E.R. 41 (H.L. 1974). Brief Fact Summary: Defendant was convicted of murder for deliberately setting fire to a house which resulted in the death of two occupants. Defendant argues he lacked the requisite intent for murder. Ratio: The fact that … Continue reading
Filed under Law and Justice
