Useful notes on vicarious liability under indian law. At common law, three exceptions to the mensrea public nuisance, criminal libel,contempt of court. Ipc makes a departure from the general rule in few cases, on the principle of respondent. Mar 18, 2012 a rule specifying strict liability makes a person legally responsible for the damage and loss caused by his or her acts and omissions regardless of culpability including the fault in criminal law. The rule of absolute liability, which is a more stringent rule of strict liability was laid down by the supreme court in mc mehta and another vs. Plaintiffs are not responsible under strict liability theories when the damage caused was an unanticipated act of god. Mens rea has been made pivotal to the criminal liability is based on the philosophical theory that every person has the capacity to choose between right and wrong under the indian penal code guilt in respect of almost all the offences is fastened either on the ground of intention, or knowledge, or reason to believe. Strict liability which crimes are crimes of strict liability.
Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency. In a strict liability case, the property owner does not have to prove the general contractor or developer was negligent in the construction of. Iiithe rise and fall of strict criminal liability, 30 b. The law imputes strict liability to situations it considers to be inherently dangerous. Absolute liability modified version of strict liability 1. The most important feature of the indian penal code is the impartial nature of judgments promoted by the document. Strict liability in criminal law traditionally criminal jurisprudence requires that before criminal liability is imposed, a certain mental element of the offender must be proved. An individual or entity may be held strictly liable in both civil and criminal actions. Strict liability, sometimes called absolute liability, is the legal responsibility for damages, or injury, even if the person found strictly liable was not. Strict liability, also referred to as absolute liability, applies to such issues as injuries or other damages caused by a defective product, damages caused by animals, and engaging in certain hazardous activities.
The indian penal code does not include any special favors for any special person at some position. In the year 1868, the principle of strict liability states that any person who keeps hazardous substances on his premises will be held responsible if such substances escape the premises and causes any damage. D was not liable for dead kittens because not proximate cause of injury. The present article is to analyse the long old principle of strict liability laid down in ryland v fletcher1 in year 1866 and its development in indian perspective. Strict liability in the criminal law criminal liability. Aug 29, 2014 these occur in certain strict liability casesxi wherein there is no need to prove an individuals mental element in the crime. The ipc deals with the traditional common law offences against the. Lb 104 law of crimesi objectives of the course the primary objectives of criminal law are to maintain law and order in the society, protect the life and liberty of people and punish the offender. P sued d upon a theory of strict liability for blasting.
Under this doctrine individuals can be made vicariously liable for a criminal act of others even if they merely helped to further the crime in some way example aiding and abetting. This conclusion was reached as the offence had been created in the interest of public. Absolute legal responsibility for an injury that can be imposed on the wrongdoer without proof of carelessness or fault. Strict liability in criminal lawan overview traditionally criminal jurisprudence requires that before criminal liability is imposed, a certain mental element of the offender must be proved. Traditionally criminal jurisprudence requires that before criminal liability is imposed, a certain mental element of the offender must be proved. Qms from any liability including without limitation liability for negligence or strict liability claims, losses, suits and costs resulting from the design of goods supplied under the sales order acknowledgement. The implied warranty of habitability puts strict liability, or responsibility, on the general contractor. Indian penal code strict liability llb 1st year notes study. Although on the face of it, the principle of strict liability seems unjust and antithetical to the primary axioms of criminal justice, it comes with many inimitable advantages that has enabled the principle to thrive.
In criminal law, strict liability is generally limited to minor offenses. Sep, 2017 strict liability cases in tort and criminal law. In criminal law, strict liability is liability for which mens rea latin for guilty mind does not have to be proven in relation to one or more elements comprising the actus reus latin for guilty act although intention, recklessness or knowledge may be required in relation to other elements of the offense. Concept of strict liability and absolute liability ipleaders. The purpose of this chapter is to compare negligence rules and strict liability rules and to examine the allocative effects resulting from the application of different liability regimes. Strict liability or liability without fault does not require someone to prove that there was an intent behind the act. Madhav university strict liability in criminal lawan. Indian penal code strict liability llb 1st year notes study material. May 03, 2019 indian penal code strict liability llb 1st year notes study material. Earlier decisions had discussed a theory similar to strict liability and had engendered considerable confusion as to the substantive theory supporting possible recovery. Chapter 6 strict liability overview notwithstanding the laws general insistence that the state prove the defendant had a mens rea, in a very few instances courts interpret statutes that have no mens rea words as allowing criminal liability to be imposed even though the defendant had no mens rea even tortious negligence with regard to one or more material elements of the offense.
As seen above strict liability are offences of a legislative nature for the most part and the courts have interpreted legislation in order to assess whether an offence is of strict liability, however as noted from the points raised above, strict liability offences should only be retained for the purposes of regulatory offences or summary. A is not liable for a murder, because some exception are granted under chapter iv of ipc. Indian penal code strict liability llb 1st year notes. Section 34 of ipc explains the principle of joint liability, in doing the criminal act with common intention. Its a way of holding someone accountable for behavior regardless of fault. Section 143 ipc provides for punishment for being a member of unlawful assembly. Apr 19, 2017 section 149 ipc provides for constructive liability of every person of an unlawful assembly if an offence is committed by any member thereof in prosecution of the common object of that assembly or such of the members of that assembly who knew to be likely to be committed in prosecution of that object. It arises not from any wrongdoing but from the fact of the activity or product being inherently hazardous or defective. In similar crimes, there is also no need to provide proof of the individuals mens rea in his prosecution for the offence of abetment. Strict liability legal definition of strict liability. Strict liability is a concept mainly applicable to civil, rather than criminal, law. This section attract the principle of joint liability. Ipc antidoping code january 2009 page 2 of 69 this ipc antidoping code is the revised version of the ipc antidoping code first published in 2004 and amended in 2006.
This sufficiently accounts for corporate liability for absolute and strict. Madhav university strict liability in criminal lawan overview. It explains that the nonintentional fault criterion in the definition of rape often consists. In criminal law, strict liability is liability for which mens rea latin for guilty mind does not have. As punishment to the offender has long term consequences for the convict, it is the basic principle that criminal liability may.
This chapter discusses that strict liability rape is criminal liability imposed on the basis of nonintentional fault. In the field of law, it is important to understand each and every cause of each and every act. In criminal law strict liability is an offence that is imposed despite at least one element of mens rea being absent thus the reticence of. The amendments are to reflect the implementation by the ipc of the 2009 world antidoping code. For example, the prevention of food adulteration act, sale of liquor, drugs, etc. This paper discusses the doctrine of vicarious liability under indian criminal law.
Vicarious liability is a form of a strict, secondary liability that arises under the common law. Vicarious liability also known as joint responsibility liability is a legal theory of liability that empowers the court to hold a person liable for the acts of other. If the judge does not consider all possible aspects and possibilities, then he will draw the correct legal conclusion most of the times but, not always. Ordinarily, a crime is not committed, if the mind of a person doing the act is innocent. It is the liability of the merchant to supply the unadulterated food. Though the defendant did not intend any harm by his actions and was completely unaware that he was committing an illegal act, the doctrine of strict liability holds him liable for the criminal offenses committed. In tort law, strict liability is the imposition of liability on a party without a finding of fault such as negligence or tortious intent. When is strict criminal liability just northwestern pritzker school. Strict and absolute liability legal services india. The principle of strict liability evolved in the case of rylands v fletcher1. Mens rea or guilty intention is sine qua non of a criminal act. Oct 05, 2011 we use your linkedin profile and activity data to personalize ads and to show you more relevant ads. The essential question is whether the risk created is so unusual, either because of its magnitude or because of the circumstances surrounding it, as to justify the imposition of strict liability even though the activity is carried on with all reasonable care. The revised ipc antidoping code is effective as of 1 january 2009.
Liability incurred for causing damage to life, limb, or property by a hazardous activity or a defective product, without having to prove that the defendant was negligent or directly at fault. Strict liability means liability to punitive sometimes despite the lack of mensrea. Nov 08, 2014 vicarious liability also known as joint responsibility liability is a legal theory of liability that empowers the court to hold a person liable for the acts of other. It can be proved only by showing that the act has been committed and there is no need to prove mens rea or intent.
The claimant need only prove that the tort occurred and that the defendant was responsible. Strict liability crimes are those in which the defendant is held liable for a criminal offense he committed, even if mens rea is absent. Indian penal code ipc llb 1st year 1st semester book notes study material in hindi english online pdf download, llb 1st semester book ccs university and delhi university notes download online. At the time of the framing certain statutes, the legislature imposes the strict liability upon the employer. Pdf strict liability versus negligence researchgate.
Thus, the indian penal code stands alike for government employees, as for a common man, and even for a judicial officer. Though the defendant did not intend any harm by his actions and was completely unaware that he was committing an illegal act, the doctrine of strict liability holds him liable. Notes for students on indian penal code by naveen kumar. The other four are acting knowingly, acting purposely, acting with recklessness, and acting with negligence. Section 149 ipc provides for constructive liability of every person of an unlawful assembly if an offence is committed by any member thereof in prosecution of the common object of that assembly or such of the members of that assembly who knew to be likely to be committed in prosecution of that object.
Shri ram foods and fertilizer industries and others, air 1987 sc 965 popularly known as oleum gas leak case. Strict liability claims the implied warranty of habitability puts strict liability, or responsibility, on the general contractor. Mental element and strict liability in criminal offences. At the outset, it is essential that strict liability offenses not be confused with sayres public welfare offenses, i. Notes for students on indian penal code by naveen kumar issuu. Your experienced criminal defense attorney can advise you on whether your alleged offense is a strict liability offense. It often arises with lawsuits against product manufacturersin applicable cases, the plaintiff doesnt need to show that the manufacturer was negligent in creating the product. Mar, 2016 strict liability, also referred to as absolute liability, applies to such issues as injuries or other damages caused by a defective product, damages caused by animals, and engaging in certain hazardous activities. The principle of strict liability evolved in the case of rylands v fletcher. Mens rea in statutory offences legal service india.
It notes that the common description of strict criminal liability as the imposition of punishment without any proof of criminal fault fails to describe any legal punishment at all. The liability is said to be strict because defendants could be convicted even. The nature and quantum of damages that are payable to the plaintiffs are compensatory in nature i. This is the concept of mensrea, which is deeply rooted in the history of criminal law. Criminal law classifies strict liability as one of five possible mentes reae mental states that a defendant may have in pursuit of the crime. In a strict liability case, the property owner does not have to prove the general contractor or developer was negligent in the construction of the new home. Dec 26, 2014 strict liability means liability to punitive sometimes despite the lack of mensrea. For a general discussion of the constitutional cases, see singer, supra, at 397403. In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant in the field of torts, prominent examples of strict liability may include product liability, abnormally dangerous activities e. That means that there must be something he can do, directly or. His conviction was upheld by the court of appeal which stated that this offence was one of strict liability. In criminal law strict liability is an offence that is imposed despite at least one element of mens rea being absent thus the reticence of the courts to impose such liability without this crucial element being present. Strict liability, sometimes called absolute liability, is the legal responsibility for damages, or injury, even if the person found strictly liable was not at fault or negligent.