KNOWINGLY ASSISTS OR KNOWINGLY IS A PARTY: Under IPC and PMLA

In Joti Parshad v. State of Haryana, 1993 Supp (2) SCC 497 the Hon'ble Supreme Court has held that under the Indian penal law, guilt in respect of almost all the offences is fastened either on the ground of "intention" or "knowledge" or "reason to believe". “Knowledge” is an awareness on the part of the person concerned indicating his state of mind. “Reason to believe” is another facet of the state of mind.

"Reason to believe" is not the same thing as “suspicion” or “doubt” and mere seeing also cannot be equated to believing. “Reason to believe” is a higher level of state of mind. Likewise, “knowledge” will be slightly on a higher plane than “reason to believe”. A person can be supposed to know where there is a direct appeal to his senses and a person is presumed to have a reason to believe if he has sufficient cause to believe the same.”

By

Vijay Pal Dalmia, Advocate
Supreme Court of India and High Court

Mobile: +91 9810081079

 

Email: vpdalmia@gmail.com

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