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enactment ...... . 26
2 49 Special penal provisions .... - . . . . 26
50 Mens rea modified • . . . . . . . 27
E 5: Analysis of kinds ... illegality whether relevant .... . 2Q
55-56 English cases on mens rea under particular statutes . . . 29
57 Offences under the Customs
Law Commission Report
payment of tax should be read
4
to contain mens rea as an essential ingredient and whether
there ... held that the said rule incorporated the requirement of
mens rea. The Division Bench clarified that if the larger
bench
Supreme Court of India
this approach of the law
is the principle of mens rea. "The intent and the act must
both concur ... important change pertain- MMS *'¢*;··
ing to mens rea. Having regard to the considerations mentioned gggfn °
above
Law Commission Report
ships
in India Section 52A When applicable-Whether mens rea
nacessary-Nature of liability under s. 167(12A)-Section ... necessary for the purpose of s. 52A to prove mens rea
against the person responsible for the contravention
Supreme Court of India
Mens rea-When a necessary ingredient of
offence-Publication of notification-Knowledge of
notification-When can be imputed-"Cargo ... judgment
of the High Court by contending that : (i) Mens rea was an
essential ingredient of the offence charged
Supreme Court of India
Pathak, learned counsel for the appellant, mainly contended that
mens rea was a necessary ingredient of the offence under Section ... offence thereunder even if
there is no mens rea on his part. Learned counsel for the appellant
contends that mens
Supreme Court of India
Criminal law--Mens rea--Motor Spirit Rationing Order,
1941, cls. 22, 25, 27--Defence of India Rules ... either clearly or by necessary implica-
tion rules out mens rea as a constituent part of the crime,
a person
Supreme Court of India
default.
The legislature in its wisdom had not included mens rea or
deliberate or wilful nature of default ... question of proof of intention
or any mens rea by the appellants and it is not essential element
for imposing
Supreme Court of India
return-Assessee prevented by `reasonable cause'-Burden of
proof-Mens rea-Whether required to be established.
HEADNOTE:
For the belated ... dealt
with concealment. And in the former case no mens rea was
involved.
The assessee contended that mens
Supreme Court of India
accepted, and that as the element of mens rea
was required to be proved and had not been proved ... Bench of
the High Court took the view that mens rea need not be
established before penalty is imposed under
Supreme Court of India
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