Presumption of Mens Rea in Strict Liability Offences?

In criminal law, strict liability is defined as offences which do not require mens rea. “Crimes which do not require intention, recklessness or even negligence as to one or more elements in the actus reus are known as offences of strict liability.”2 Muluki Criminal Code 2074, Sec. 29 provisions ‘mens rea will not be examined in cases of strict liability offences’; however, the Act has not listed strict liability offences. With this provision, a problem arises in demarking strict liability offences from absolute liability offences. Obviously they are not the same by term itself. Hence, this article tries to throw the light to contextualise Sec 29.

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