https://www.taxtmi.com/caselaws?id=189701 Foreign exchange contraventions under FERA were treated as a special economic offence attracting a statutory scheme of corporate and vicarious responsibility. The Court found section 68 constitutionally valid because liability was confined to persons in charge of and responsible for the company's business, with safeguards for lack of knowledge and due diligence. It also treated the core prohibitory offences as strict liability offences, so mens rea was not essential for every contravention and section 59 did not impose a universal culpable mental state requirement. Prosecution under section 56 could proceed independently of adjudication and penalty proceedings, and the notices to company officers were upheld as sufficient. en-us Sat, 07 Nov 1998 00:00:00 +0530 Tue, 17 Jan 2017 18:45:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=189701 Foreign exchange contraventions under FERA were treated as a special economic offence attracting a statutory scheme of corporate and vicarious responsibility. The Court found section 68 constitutionally valid because liability was confined to persons in charge of and responsible for the company's business, with safeguards for lack of knowledge and due diligence. It also treated the core prohibitory offences as strict liability offences, so mens rea was not essential for every contravention and section 59 did not impose a universal culpable mental state requirement. Prosecution under section 56 could proceed independently of adjudication and penalty proceedings, and the notices to company officers were upheld as sufficient. Case-Laws FEMA Sat, 07 Nov 1998 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=189701