In this blog post, pramit bhattacharya, student, damodaram sanjivayya national law university, writes about the rule of strict liability and absolute liability. Absolute legal responsibility for an injury that can be imposed on the wrongdoer without proof of carelessness or fault 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 . The transition from the rule of strict liability to that of the absolute liability in the shri ram gas leakage case at the time when the bhopal case was pending was the consequence of the immense loss of life that occurred in the incident of 1984. In india such liability are not subject to exception made in the principle of strict liability that is, the defendant can not defend him or herself on basis of due negligence. Strict liability applies when a defendant places another person in danger, even in the absence of negligence, simply because he is in possession of.
The distinction between absolute liability and strict liability in indian context: law of torts on absolute and strict liability. Strict liability offenses make it a crime simply to do something, even if the offender has no intention of violating the law or causing the resulting harm strict liability is based philosophically on the presumption that causing harm is in itself blameworthy regardless of the. Strict liability and the nature of the rule in rylands v fletcher (it is another matter that india has moved on to absolute liability) and strict liability . Principle called absolute liability in india if we go by strict common law terms, as the principle was so given by judges in the oleum gas leak case 24 was an obiter, then we cannot accept the very fact that it is binding concept.
Strict liability crimes are those in which the defendant is held liable for a criminal offense he committed, even if mens rea is absent. The rule of absolute liability, in simple words, can be defined as the rule of strict liability minus the exceptions in india, the rule of absolute liability evolved in the case of mc mehta v union of india . Principle of absolute liability the supreme court held that the exceptions to the strict liability principle are not applicable in india in cases of determining the liability 'of hazardous and inherently dangerous industries.
Case laws refer to imposition of “strict and absolute liability” in contamination cases linked to strict liability as india: environmental liability and . So, in a crime of strict liability (criminal) or absolute liability, a person could be guilty even if there was no intention to commit a crime the difference between strict and absolute liability is whether the defence of a mistake of fact is available: in a crime of absolute liability, a mistake of fact is not a defence. Home general public user law of torts indiavicarious liability & rules of strict and absolute liability iii) vicarious liability normally no person is held responsible for the wrongs done by someone else. You just clipped your first slide clipping is a handy way to collect important slides you want to go back to later now customize the name of a clipboard to store your clips. The rule of absolute liability was evolved in the case of mcmehta v union of india this was a very important landmark judgment that brought in a new rule in the history of the indian law.
Principle of absolute liability was developed by supreme court of india in mcmehta vs union of india this is same as strict liability except that supreme court said that none of the exception will apply and thus the person is absolutely liable. These are generally known as strict liability offences which is the term used in this chapter, though some lawyers refer to those offences requiring no mens rea at all as imposing absolute liability and those requiring no mens rea as to an element. Strict and absolute liability: act only under indian penal code absolute liability refers to cases where the intent need not be proved as it is apparent . In criminal law, strict liability is liability for which mens rea (latin for guilty mind) defines strict liability and absolute liability in division 6. Absolute liability inception in india strict liability: absolute liability (modified version of strict liability) 1 the nature and quantum of damages that are .
Keywords: strict liability, absolute liability, bhopal gas tragedy, judiciary, act of god the principle of strict liability evolved in the case of ryland’s v fletcher 1 in the year 1868,. The last or the third category of offence is the offence of absolute liability ie liability without fault in sault ste marie, the strict liability category, was described as a “half way house” between the mens rea and the absolute liability category. Mens rea in india(actus non facit reum nisi mens sit rea)indian penal code,1860 strict and absolute liability - duration: 7:29 law school 101 8,509 views 7:29 dog bite . If the doctrine of strict liability applies to your case, you may only need to show that you were caused the harm and that the defendant was responsible, even if the defendant acted in good faith or took all possible precautions for this reason, strict liability is sometimes referred to as absolute liability.
Absolute liability, which was further developed from the concept of strict liability in india the concept is of utter importance since in the process of development human have forgotten about the importance of nature and environment. Also known as “no fault labiality” which was evolved in rylands vs fletcher case it is the application of strict liability but without the exceptions absolute liability is a standard of legal liability found in tort and criminal law of various legal jurisdictions evolved in the famous case “mc metha vs union of india” in 1987 .