New 55% Off on All Courses - Enroll Now! Click Here

    Question

    In State of Maharashtra v. M.H. George it was held

    that____________
    A A foreigner who is committing an offence within India’s territorial limits cannot use lack of knowledge or unawareness as defence of ignorance of the law of the land Correct Answer Incorrect Answer
    B A foreigner who is committing an offence within India’s territorial limits can use lack of knowledge or unawareness as defence of ignorance of the law of the land Correct Answer Incorrect Answer
    C Death penalty is not Constitutionally valid and it does not constitute reasonable, cruel and unusual punishment Correct Answer Incorrect Answer
    D Life imprisonment means an imprisonment that continues till the life of the convict Correct Answer Incorrect Answer

    Solution

    In this case the Court decided the issue as to whether a foreigner committing an offence within the Indian territory shall be held liable under the Indian Penal Code or not. It was held that a foreigner who is committing an offence within India’s territorial limits cannot use lack of knowledge or unawareness as defence of ignorance of the law of the land. Thus, will be held liable for such an offence.  It has been inferred from this case that phraseology of the statute can cover an offense under strict liability and bar the mental element. Therefore, nature of the mischief at which the arrangement is pointed in some cases albeit strict liability is deduced strictly on the facts of the case where is depicted as a grave social malevolence.  

    Practice Next