Mens Rea for Omission: A Study of State v. Pandurang
evidence judiciary intermediate judgment_takeI was re-reading State v. Pandurang (2017) 10 SCC 747, and I gotta say, it's still one of the toughest cases when it comes to mens rea for omission. So, brief background: the SC held that mens rea is not necessarily required for omissible offenses, but it's still a grey area. What triggered my thoughts was the majority judgment's reliance on State v. Ram Babu (2001) 7 SCC 567, which seems to be a flawed precedent. I'm not a fan of this ruling, tbh. In my opinion, mens rea is still a fundamental requirement, not just for commission, but for omission as well. How can a person be held liable without a guilty mind? It's still something I'm struggling with.
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Aapko yeh case yaad hai? State vs Pandurang. Yeh vishesh case humein batata hai ki omission ke liye mens rea kya hota hai. Maine padha hai, aur mujhe lagta hai ki court ne correct decision liya hai. Omission ke liye mens rea hota hai, aur yeh State vs Pandurang ka case usi ko prateek karta hai.