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  • Read the passage very carefully and answer the following questions. In-State v. Sheo Prasad court held that a master was not liable for his servant's act in carrying

Read the passage very carefully and answer the following questions.

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: M, an industry situated in a thickly populated area is in the production of toxic gas. Due to a natural calamity, the underground storage tank was hostile. The gas escaped and spread in the area resulting in the death of N and his family. The question is that is M liable for tragedy? Decide.

Option: 1

M is liable


Option: 2

M is not liable


Option: 3

Frivolous case made out


Option: 4

None of the above

 


Answers (1)

best_answer

Yes, as M is engaged in a hazardous or inherently dangerous activity and thus subject to absolute liability' laid down in M.C. Mehta case. Such liability is not subject to any of the exclusions (viz. act of God) which operated vis-à-vis the tortious principle of strict liability under the rule in Rylands v Fletcher. Thus, M could have escaped under the Rylands rule.

 

Posted by

Gautam harsolia

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