Judicial Dictionary - P

Judicial Dictionary


Legislative Dictionary


Possession

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CategoryP
TitlePossession
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The concept of possession under the Penal Law or any other law is not necessarily the same as the concept of "possession" under the Explosive Substances Act, 1908  or the Arms Act, 1878. Concept of "possession" under the Act of 1908 or the Act of 1878 connotes an element of consciousness in the person charged with the offence.

Possession as a test or an element of crime must be of such character as can relate to the fundamental principle of "mens rea" in Criminal Jurisprudence. The animus must be there and the "mens rea" must, also, be there. The animus is the very basis, of any legal concept of possession. Wherever possession is a basis of crime, "consciousness" or animus must be established. It is, thus, the element of "intention" or, "consciousness" or "knowledge" which must be established and must be present as a fact before possession under The Explosive Substances Act can be said to constitute an offence. 

(Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD) [8256])  

Created OnJune 17, 2014, 3:21 AM
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