terms of the
notification. [141C-D].
There is a presumption that mens rea is an essential
ingredient of a statutory offence; but this ... requirement of mens rea,
132
and in such a case in order to determine
whether or not mens rea is an essential
element
offences are) were concerned there was a presumption of strict liability and the presumption of mens rea was displaced. In Indo-China Steam Navigation ... excludes mens rea." If the true position is that the principle of mens rea is a rule of construction raising a presumption that criminal
offences are) were concerned there was a presumption of strict liability and the presumption of mens rea was displaced. In Indo-China Steam Navigation ... excludes mens rea."
If the true position is that the principles of mens rea is a rule of construction raising a presumption that criminal
commission of any criminal offence against the Common law. This presumption that mens rea is an essential ingredient of an offence equally applies ... examine the statute to see whether the ordinary presumption that mens rea is required applies or not. When one turns to the main provision whose
meaning should be
accepted. Existence of mens rea is an essential ingredient in every offence;
but that presumption is liable to be displaced either ... this batch
of civil appeals is : whether the above presumption, namely, that mens rea is
an essential ingredient in every offence is displaced
expressed the rule in
these words: ‗There is a presumption that mens rea an evil
intention, or knowledge of the wrongfulness ... also been
said that the presumption of existence of mens rea is ‗a
presumption of legality' and ‗in the absence of express words
Wright J. held (at page 921) :
"There is a presumption that mens rea, an evil intention, or a knowledge of the wrongfulness ... examine the statute to see whether the ordinary presumption that mens rea is required applies or not."
27. Following that test, it was held
The Public Prosecutor vs Legisetty Ramayya And Anr. on 12 August, 1974
Equivalent citations: 1975CRILJ144
started his judgment by emphasising that there is a presumption that 'mens rea', an evil intention, or a knowledge of the wrongfulness ... examine the statute to see whether the ordinary presumption that 'mens rea' is required applies or not. If it is found that
mens rea element. This is the basis for the prosecution. Therefore, the prosecution is bound to prove the existence of mens rea on the part ... duty of the prosecution is with regard to establishing mens rea and presumption of innocence of the accused, and even where the onus is placed
