Niyam v2 is live — start for just ₹100 — 200 credits to try

october 1970

Supreme Court of India · 1970-10-12

STATE OF GUJARAT & ANR. vs ACHARYA D. PANDEY & ORS.

Citation / case number
SC 1968/60192
Court
Supreme Court of India
Petitioner
STATE OF GUJARAT & ANR.
Respondent
ACHARYA D. PANDEY & ORS.
Bench
HEGDE, K.S.

Judgment text excerpt

The Supreme Court held that under Section 35(1) and Section 66 of the Bombay Public Trust Act, 1950, mens rea is not a necessary ingredient for establishing a quasi-criminal offence related to public trust funds. The Court clarified that the provision creates an absolute liability, meaning that the absence of mens rea does not absolve the accused from liability. The High Court's acquittal of the accused was overturned, affirming that the regulatory nature of the statute does not require proof of guilty knowledge for conviction.

STATE OF GUJARAT & ANR. vs ACHARYA D. PANDEY & ORS. · Niyam