Understanding Strict Liability in Indian Criminal Law Through Doctrinal and Policy Perspectives
DOI: 10.70650/rvimj.2024v1i2007
DOI URL: https://doi.org/10.70650/rvimj.2024v1i2007 Published Date: 07-09-2024 Issue: Vol. 1 No. 2 (2024): September 2024 Published Paper PDF: Download E-Certificate: Download
Abstract- Strict liability is a foundational yet evolving doctrine in criminal law that departs from the traditional requirement of proving mens rea (guilty mind). In the Indian context, this principle has increasingly found application in regulatory and public welfare offences, marking a significant shift in criminal jurisprudence. This paper explores the theoretical roots of strict liability, its doctrinal development within Indian law, and the policy considerations that have shaped its contemporary application. Through an analysis of statutes, judicial decisions, and legal principles, the paper critically examines whether the current approach balances state interests in enforcement with the rights of individuals. It also considers the implications for fairness, legal certainty, and constitutional safeguards. The paper concludes by suggesting reforms that ensure accountability without compromising due process.
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