Unit IV · Jurisprudence

Mens rea, accident and theories of liability

Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.

Statute sections

Act / instrument	Section	Name
Bharatiya Nyaya Sanhita, 2023	14–44	General exceptions including accident and infancy

Landmark cases

R. v. Dudley and Stephens

(1884) 14 QBD 273 · Queen's Bench

Necessity is not a defence to murder.

State of Maharashtra v. M.H. George

AIR 1965 SC 722 · Supreme Court of India

Statute may create strict criminal liability.

Previous-year questions

Mapped 6 / 10 / 15-mark questions on this topic. Frequency is how many papers repeat the question.

6 Vicarious liability. · 2×
6 Strict Liability. · 2×
15 Discuss theories of natural law. · 2×
6 Concept of strict liability. · 1×
6 Measure of Criminal Liability. · 1×
10 X killed Y under sudden and grave provocation. X was prosecuted for the offence of murder. Decide the criminal liability of X. · 1×
10 There was a large scale leakage of deadly gas from a private industry located in the heart of the city. As a consequence of this leakage, a number of people died and several others were affected. An action was brought before the Supreme Court through a writ petition seeking compensation for the victims. Discuss the nature, scope and extent of the liability of the private industry. · 1×
10 The leakage of poisonous gas from a chemical industry affected the life and health of people living in that area. This industrial activity was carried on by an incorporated company. Is it an offence punishable with imprisonment? If so, how is the punishment to be executed against the company? Discuss the theories of corporate criminal liability. This paper's. · 1×
10 The parents allowed their minor children to ride a motorcycle without a driving license. They drove the vehicle negligently and caused injuries to a pedestrian. Are the parents liable for the wrong committed by their children? If yes, which kind of liability is it? Explain the rationale of such a liability. · 1×
10 An incorporated company is carrying on an industrial activity which is hazardous in nature. Due to leakage of poisonous gas from the unit, the people residing in that locality were affected. Is the Managing Director of the company liable? Discuss the liability of the company. · 1×
10 A manufacturer, who employs workmen, has the knowledge that some accident might take place in which a workman might be killed. A workman becomes the victim of such an accident. Whether the manufacturer will be liable for the injury caused to the workman. · 1×
10 Mr. X has dug deep tube wells, maliciously, on his own land, intercepting the flow of ground water. As a result, his neighbour's well became dry. Is X liable for it? Discuss in the light of a decided case and the general law of civil liability. · 1×
15 Elucidate the theories of punishment. · 1×
15 Define 'negligence' and discuss various theories of negligence. · 1×
15 Discuss 'mens rea' as an essential condition of penal liability. · 1×
15 Discuss the theories regarding the purpose of criminal justice. · 1×
15 Define property and discuss the main theories of legal right. · 1×
15 Discuss different theories of corporate personality. · 1×
15 Define 'mens rea' and discuss the view of Salmond. · 1×
15 Discuss the theories of corporate personality. · 1×
15 Explain the different theories of punishment. · 1×