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    Question

    The principle of "Mens Rea" (guilty mind) in

    administrative law:
    A Always applies to administrative offenses Correct Answer Incorrect Answer
    B Is required in all administrative penalties Correct Answer Incorrect Answer
    C May or may not be required depending on the nature of the offense and statute Correct Answer Incorrect Answer
    D Never applies to administrative actions Correct Answer Incorrect Answer
    E Applies only to criminal cases Correct Answer Incorrect Answer

    Solution

    While mens rea is a foundational principle in criminal law, in administrative law it may or may not be required depending on the nature of the offense and the statute. Some administrative offenses are strict liability (no mens rea required), while others require proof of mens rea. For penalties affecting personal liberty, due process requires consideration of intention. This was addressed in cases like K. Gopalan v. State of Madras. [Citation: Administrative Law Principles; K. Gopalan v. State of Madras (1950) SCR 88]

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