State of Maharashtra v Mayer Hans George
(1965) 1 SCR 123; 1964 INSC 17919651 min read
The case in brief30-second read
- Facts
- A German passenger flying from Zurich to Manila via Bombay carried 34 kg of gold concealed on his body. A recent RBI notification required such gold to be declared in the manifest. He said he did not know of it.
- Issue
- Whether mens rea, including knowledge of the notification, was required for the offence under the Foreign Exchange Regulation Act and the Sea Customs Act.
- Held
- By majority, mens rea was excluded by necessary implication from the object and scheme of the statute, and ignorance of the notification was no defence. His conviction was restored. Subba Rao J dissented.
- Principle
- Mens rea is presumed, but it can be excluded by the language and object of a regulatory statute; ignorance of law is no excuse.
Facts
- A German passenger flying from Zurich to Manila via Bombay carried 34 kg of gold concealed on his body. A recent RBI notification required such gold to be declared in the manifest. He said he did not know of it.
Issue
- Whether mens rea, including knowledge of the notification, was required for the offence under the Foreign Exchange Regulation Act and the Sea Customs Act.
Held
- By majority, mens rea was excluded by necessary implication from the object and scheme of the statute, and ignorance of the notification was no defence. His conviction was restored. Subba Rao J dissented.
Cite this
Citation
State of Maharashtra v Mayer Hans George (1965) 1 SCR 123; 1964 INSC 179Reported: https://indiankanoon.org/doc/1564263/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.