Select the right option based on following Assertion-Reason: Assertion (A): The offence of dishonor of cheque excludes mens rea. Reason (R): If creates strict liability.
Verified Answer
A. Both (A) and (R) are individually true and (R) is correct explanation of (A)
B. Both (A) and (R) are individually true, but (R) is not the correct explanation (A)
C. (A) is true but (R) is false
D. (A) is false but (R) is true
Explanation:
Assertion (A) is true. Offences under Section 138 of the Negotiable Instruments Act (dishonor of cheque) are generally considered strict liability offences, meaning that the prosecution does not need to prove mens rea (guilty mind) beyond the act of dishonor and failure to pay after notice. Reason (R) is also true and correctly explains (A). Strict liability offences are those where the mere commission of the prohibited act is sufficient for conviction, regardless of the defendant's mental state.