Prevention of Money Laundering Act, 2003, Section 2(u), Constitution of India, 1950, Article 14, 20, 21, 300A -- Definition of proceeds of crime - Constitutional validity - S.2(u) of the Act implicitly rules out mens rea or knowledge that property is result of criminal activity for achieving object of the Act - However, properties apart from proceeds of crime are not..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal attendance - Privilege u/s 205 Cr.P.C is exception to ordinary rule of attendance of accused in the course of trial - Such privilege is to be resorted to where offence does not involve mens rea and not in cases where public funds running to crores are allegedly misappropriated by using fraud and..........
Contempt of Courts Act, 1971, Section 2(b) -- Contempt - Mens rea - Not a necessary component of contempt...........
Indian Penal Code, 1860, Section 368 -- Abduction - Prosecutrix aged 18 years - Accused and prosecutrix were known to each other - Co-accused took the prosecutrix to the house of accused and kept her there for about 2 days - Accused never tried to get free the prosecutrix from the clutches of co-accused - Offence of rape was committed by co-accused with the knowledge of..........
Vicarious liability -- Corporate entity is an artificial person which acts through its officers, Directors, Managing Director, Chairman etc. - If such company commits an offence involving mens rea, it would normally be intent and action of that individual who would act on behalf of company that too when criminal act is that of conspiracy - An individual who has perpetrated..........
Employee's Provident Funds and Miscellaneous Provisions Act, 1952, Section 14B -- Damages - Presence or absence of mens rea/actus rea - Would be a determinative factor in imposing damages u/s 14-B of the Act...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred when accused sat down to pass urine in order to tease deceased - Accused struck lathi blows when being objected by deceased who also hurled abuses - Incident occurred on the spur of moment - Accused has no mens rea to commit the murder of deceased - There is no predetermination and..........
Protection of Children from Sexual Offences Act, 2012, Section 23 -- Offence u/s 23 of the Act - In order to constitute offence under the provision, no mens rea, culpability and mala fide or illegal intention is required - Mere publication of details of victim child attract the offence u/s 23(4) of the Act...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Accused allegedly fired at injured which struck right side of his chest - Injury report shows that injury was dangerous to life - Keeping in view the situs of injury, severity of blow and requisite mens rea to cause murder, conviction of accused u/s 307 IPC is unassailable - Accused rightly convicted...........
Indian Penal Code, 1860, Section 409, Criminal breach of trust -- Criminal breach of trust - Mens rea is an essential ingredient to prove charge u/s 409 IPC...........
