Trace Your Case

ISSUE:

Whether under Section 7 of the Act, a factual non-compliance of the Order by a dealer will amount to an offence thereunder, even if there is no mens rea on his part?

RULE:

An intention to offend the penal provisions of a statute is normally implicit, however, comprehensive or unqualified the language of the statute may appear to be, unless an intention to the contrary is expressed or clearly implied, for the general rule is that a crime is not committed unless the contravener has mens rea.

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