Vidyalelo
Law · Q23

Negotiable Instruments Act

Graduate and Post Graduate · Law · question 23

Q23

The offence of 'dishonor' of cheque excludes -

A.
Strict liability
B.
Absolute liability
C.
Mens rea
D.
All of the above
Answer

Answer: Option D

Solution

Answer: Option D
Solution:
Understanding Dishonor of Cheque:
Imagine you write a check to someone, but there isn't enough money in your account to cover it. This is called "dishonor" of the check – the bank refuses to pay.

Legal Responsibility:
When a check bounces, there are legal consequences. The law generally holds the person who wrote the bad check responsible.

Types of Liability:
There are different kinds of legal responsibility (liability). Let's look at the options:

Strict Liability: Means you're responsible even if you didn't intend to do anything wrong. Think of it like a speeding ticket; you get it even if you didn't mean to go over the speed limit.

Absolute Liability: This is the strictest type. It means you are responsible no matter what, even if there's a valid reason for the dishonor (like a bank error).

Mens Rea: This is the "guilty mind." It refers to the intention to commit a crime. In the context of a dishonored check, it means did you *knowingly* write a check knowing there wasn't enough money?

The Question:
The question asks what the offense of "dishonor" of a check *excludes*. This means what element is NOT necessarily required to prove someone guilty.

The Answer:
The offense of dishonor often *does* involve strict liability (you're responsible for the bounced check) but it doesn't always require absolute liability or necessarily *mens rea* (intention to defraud). Therefore, the answer is that it often excludes mens rea. The law sometimes holds people responsible even without proving they intended to defraud anyone.