Is mens rea excluded or included under the provision of secrion 138 NIA?
N.K.Assumi (Advocate) 09 January 2011
Is mens rea excluded or included under the provision of secrion 138 NIA?
Shivek (Advocate) 09 January 2011
Yes. Mens rea is not a pre-requisite for offence as contained under Section 138 of the NI Act as it creates a strict liability. See Mahendra A. Dadia Vs State of Maharashtra (Bombay HC); Mayuri Pulse Mills Vs Union of India (Bombay HC); B. Mohan Krishna vs Union Of India & Ors. (Andhra Pradesh HC); Rajinder Steels Ltd. & Ors. vs Union Of India & Anr. (Delhi HC); R.Priyadharshini vs Lic Housing Finance Ltd. (Madras HC).
SACHIN AGARWAL (ADVOCATE) 09 January 2011
I agree with Mr. Shivek.
N.K.Assumi (Advocate) 12 January 2011
Thank you very much.
subhash kulkarni (put in more than 40 years practice) 04 July 2011
Mr.Shivek is absolitely right.
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