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The Latin maxim *actus non facit reum nisi mens sit rea* is invoked as a presumption when interpreting which class of statutes?
Answer & Solution
Correct answer: A.
1. The Latin maxim ***actus non facit reum nisi mens sit rea*** literally means **'the act itself does not constitute guilt unless done with a guilty intent'**.
2. The presumption applies in the construction of **statutes creating a criminal offence**: there is a very strong presumption that a statute creating such an offence does not intend to attach liability without a guilty mind (*mens rea*).
3. The general rule applicable to criminal cases is precisely this maxim, as recorded in the ICSI material under 'Presumptions'.
4. Taxation, manufacturing standards and election procedure are normally regulatory and may be construed as strict-liability — the *mens rea* presumption does not attach there with the same vigour.
_Source: ICSI CS Executive — Lesson 3, 'Presumptions (c)', p. 90._
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