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In which of the following mens rea has been considered to be an essential element of an offence ?

Srinivas Mall Bairoliya, R. v. Tolson and Nathulal v. State of Madhya Pradesh each recognise the importance of mens rea in criminal liability. The usual presumption is that…

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In which of the following mens rea has been considered to be an essential element of an offence ?

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Correct answer D

Srinivas Mall Bairoliya, R. v. Tolson and Nathulal v. State of Madhya Pradesh each recognise the importance of mens rea in criminal liability. The usual presumption is that an offence requires the relevant guilty state of mind, unless the statute excludes it expressly or by necessary implication. The principle therefore covers all three cases without making mens rea an unavoidable requirement of every statutory offence.

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