Exception to Rule of Men’s Rea under Indian Penal Code

February 7, 2023
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State of Maharashtra v. M.H. George (1965)

JUDGEMENT: In the case of State of Maharashtra v. M.H. George, AIR 1965 SC 722, a German national was travelling to Manila with 34kg of gold, which he failed to declare in the manifest for transit. The plane arrived in Bombay and the Indian Customs on search recovered the gold and prosecuted him under the Foreign Exchange Regulation Act. The Supreme Court of India held that, even though the man remained on the plane, he cannot be exempted from conviction on the plea of ignorance of the law and convicted him under the said Act. This case falls under the exception to the rule of mens rea.

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