INTRODUCTION
Strict Liability offences are those for which a man is responsible, irrespective of wrongful intent or negligence. They are the exceptions to the general requirement of fault.
CONCEPT OF LIABILITY
Liability implies the state of a person who has acted contrary to duty. Thus, Liability is the responsibility that befalls an offender when he commits an offence. Liability arises From a breach of duty and wrong.
KINDS OF LIABILITY
Liability is of the following kinds:
- Civil Liability
- Criminal Liability
- Remedial Liability
- Penal Liability
- Vicarious Liability
- Strict Liability
CONCEPT OF STRICT LIABILITY
Offences can broadly be classified into two categories;
- Those offences require proof of intention, recklessness and negligence.
- Those offences where a person is held responsible irrespective of the existence of either wrongful intent or negligence.
DEFINITION OF STRICT LIABILITY CRIMES
GENERAL DEFINITION:
Acts for which a man is held responsible, irrespective of wrongful intent or negligence, are said to be strict liability offences.
RULES REGARDING LIABILITY
The general rule in criminal law is that to prove a crime, along with the Actus Reus, the presence of Mens Rea or guilty mind should also be established.
EXAMPLES OF STRICT LIABILITY
In Pakistan, the penalty for some strict liability offences even goes up to death. Here are the areas where severe liability offences are to be found.
- Blasphemy
- Drugs
- Gall-i-Khata
- Unintentional hurt where compensation in some form has to be paid
- Weapons
- Driving and traffic offences.
SIGNIFICANCE OF STRICT LIABILITY
The significance of Strict Liability can be observed by seeing the reasons for Imposing strict Liability as follows;
- It is difficult to prove the intention or negligence of the offender.
- The primary function of courts is preventing crime, and strict liability deals with this most effectively.
- Without this theory, many guilty people would escape.
- It is necessary to impose strict Liability in the public interest.
STRICT LIABILITY AND ISLAMIC LAW
In Islamic Law, the general rule of proving intention is strictly followed. Strict Liability is against the government, and acts are to be determined in the light of choice. However, strict Liability has been used in a limited way, e.g. In the case of Khata, compensation must be paid to the victim.
SITUATIONS FOR APPLICABILITY OF STRICT LIABILITY
The wrongs of strict Liability fall into the following three categories;
1. MISTAKE OF FACT:
Mistake of fact is generally a good defence in criminal law, but it is not an excuse in civil cases following the maxim, “Ignorantia facte excusat“, which means mistake of fact is a good excuse) It must also be noted that a mistake of truth is not always a good excuse in criminal cases.
2. MISTAKE OF LAW:
Strict Liability is applied in Mistakes of Law. It is a well-recognised principle in all legal systems, and the maxim is “ignorantia juris neminem excusat“, which means that ignorance of the law is no excuse. Therefore, the knowledge of the law is necessary. Everyone should have the ability to follow the law.
3. ACCIDENTS:
The accident is of two kinds:
A) Culpable: An accident is guilty due to negligence. The culpable accident is no defence.
B) Inevitable: An accident is inevitable when it cannot be avoided. The inevitable accident is a good defence in civil and criminal law.
CONCLUSION
Certain offences have strict Liability, and Mens Rea is not essential. In such crimes, Strict liability offences are exceptions to the general rule, which requires that Mens Rea along Actus Reus must be established to prove a crime.
FAQs
Define and explain the doctrine of “strict and absolute liability”.
2016-A)
Explain the doctrine of strict Liability.
(2015-S)
Explain the doctrine of strict liability and substantiate your answer by giving relevant examples.
(2012-A)
Explain the doctrine of “Strict Liability”. Give examples to support your answers.
(2010-S)
