A Comparative Analysis of the Doctrine of Strict Liability in Indian Criminal Law
DOI: 10.70650/rvimj.2024v1i2008
DOI URL: https://doi.org/10.70650/rvimj.2024v1i2008 Published Date: 07-09-2024 Issue: Vol. 1 No. 2 (2024): September 2024 Published Paper PDF: Download E-Certificate: Download
Abstract: The doctrine of strict liability marks a significant departure from the traditional requirement of mens rea (guilty mind) in criminal law. This research paper critically analyzes the application and evolution of strict liability within Indian criminal jurisprudence, drawing comparisons with common law systems such as the United Kingdom and the United States. It examines the justifications, limitations, and challenges associated with its use in India, especially in regulatory offences, environmental law, and corporate liability. The study highlights the tension between individual rights and public welfare in the imposition of criminal sanctions without proof of fault, ultimately calling for a balanced and principled approach to strict liability.
Keywords: Strict Liability, Mens Rea, Criminal Law, Absolute Liability, Comparative Law.
