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Law · Q1512

Indian Penal Code

Graduate and Post Graduate · Law · question 1512

Q1512

Section 292, Indian Penal Code makes the selling, hiring, distributing, publically-exhibiting, importing exporting etc., of obscene books an offence. A was prosecuted for selling a book by the name of 'Lady Chatterley's Lover', written by D. H. Lawrence which was found to be an obscene book. The accused pleaded that he did not know the contents of the book. The accused is guilty of

A.
No offence, as mistake of fact is a valid defence
B.
Selling an obscene book because he was negligent in not reading the contents of the book
C.
Selling an obscene book because he knew the contents impliedly
D.
Selling an obscene book because under section 292 liability is independent of mens rea
Answer

Answer: Option D

Solution

Answer: Option D
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