In-State v. Sheo Prasad court held that a master was not liable for his servant's act in carrying oilseeds in contravention of the order made under the Essential, Supplies (Temporary Powers) Act, 1946, on the ground that he had not the guilty mind. It is a well-settled principle of common law that mens rea is an essential ingredient of a criminal offence. Doubtless, a statute can exclude that element, but it is a sound rule of construction adopted in England and also accepted in India to construe a statutory provision creating an offence in conformity with the common law rather than against it unless the statute expressly or by necessary implication excluded mens rea. It is also necessary to enquire whether a statute by putting a person under strict liability helps him to assist the State in the enforcement of the law: can he do anything to promote the observance of the law? A person who does not know that gold cannot be brought into India without a licence or is not bringing into India any gold at all cannot possibly do anything to promote the observance of the law. Mens rea by necessary implication can be excluded from a statute only where it is absolutely clear that the implementation of the object of a statute would otherwise be defeated and its exclusion enables those put under strict liability by their act or omission to assist the promotion of the law."It is not enough merely to label the statute as one dealing with a grave social evil and from that to infer that strict liability was intended. It is pertinent also to inquire whether putting the defendant under strict liability will assist in the enforcement of the regulations. That means that there must be something he can do, directly or indirectly, by supervision or inspection, by improvement of his business methods, or by exhorting those whom he may be expected to influence or control, which will promote the observance of the regulations. Unless this is so, there is no reason in penalising him, and it cannot be inferred that the legislature imposed strict liability merely to find a luckless victim.

Question: Zee carried on the occupation of bone manure manufacturer on premises near D’s farm and for his business. Zee had on his location a heap of bones which caused a huge amount of pests to assemble there. The pests made their way from Zee’s premises onto D's land, and ate his corn, causing substantial loss.

Zee is not liable to D

Zee is liable to D

Frivolous case made out

None of the above

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Concepts Covered - 1

Different Stages of a Crime - Attempt

Understanding Attempt:

Attempt in criminal context resembles an early move in a "game," involving substantial steps toward a crime but without completion.
It's analogous to trying to score a goal in a game – an intentional action with an incomplete result.

Defining Attempt:

Attempt occurs when someone actively strives to commit a crime but doesn't succeed.
It combines both the mental aspect (intent) and physical aspect (actions) of criminal behavior.

Example

John's intention to rob a bank led him to take significant actions towards committing the crime. He entered the bank armed with a gun, approached the teller's counter, and demanded money.
However, his attempt was thwarted when a security guard intervened and detained him until the police arrived. Despite not successfully completing the robbery by obtaining money and escaping, John's actions constituted an "attempt" to commit robbery.
In the eyes of the law, an attempt involves taking substantial steps towards a criminal act, even if it ultimately fails.
Depending on the jurisdiction, John can be charged with attempted robbery, which is a distinct offense from the completed crime of robbery.
The specific criteria for what qualifies as a "substantial step" can vary by jurisdiction.

Mens Rea and Actus Reus in Attempt:

Attempt includes both the intent (mens rea) to commit a crime and concrete actions (actus reus) beyond planning.
Intent and action differentiate mere preparation from an actual attempt.

Substantial Steps:

Attempt involves actions close to completing the crime, surpassing thoughts or planning.
Similar to a near-goal shot in a game – nearly executed but falls short.

Degrees of Attempt:

Attempt varies based on proximity to completing the crime.
Factors like nature of act, intention, and closeness to success influence the degree.

Significance of Attempt:

Attempt indicates proximity to committing a crime, allowing legal intervention before harm.
Crucial for the legal system to prevent damage and safeguard potential victims.