New Enroll in RBI Grade B New Batch - Starts on May 21

    Question

    The offence of dishonor of the cheque excludes

    A Mens rea Correct Answer Incorrect Answer
    B Strict liability Correct Answer Incorrect Answer
    C Absolute liability Correct Answer Incorrect Answer
    D Both b and c Correct Answer Incorrect Answer

    Solution

    In Mayuri Pulse Mills and Ors. v. Union of India and Ors. the High Court of Bombay had said that the element of men rea is not a necessary element to constitute a crime under Section 138 of the Negotiable Instruments Act, 1881. The court under the case pronounced that in some cases it is not necessary for the element of mens rea to be present in the commission of the crime. In such situations, the legislature can impose either strict or absolute liability on the offender of the crime

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