ABSOLUTE LIABILITY-THE RULE OF STRICT

LIABILITY IN INDIAN PERSPECTIVE

PSDA PROJECT
LAW109
INDEX
• Introduction
• Meaning of Absolute
Liability
• Rules For Establishing
Absolute Liability
• Why The Old Rule Was
Inappropriate In Indian
Perspective?
• Difference between
Absolute Liability and
Strict Liability
• Case laws
• Scope of the new rule of
absolute liability
• Bibliography
INTRODUCTION
The concept of absolute liability
evolved in India after the case
of M.C Mehta vs Union of India
famously known as Oleum Gas
Leak case. This is one of the
historic cases in the Indian
Judiciary. The case of M.C Mehta
is based on the principle of strict
liability but with no exception
were given and the individual is
made absolutely liable for his acts.
 It is based under this principle
that the defendant won’t be
allowed to plead defence if he/she
was at fault as it was laid down in
Ryland vs Fletcher case.
MEANING OF
ABSOLUTE LIABILITY
• The rule of absolute liability is
similar to the rule of strict liability
with some modification.
• This rule applies without any
limitation or exception and creates
an individual completely liable for
any fault.
• The property to make anyone
absolutely liable for the fault and
imposition of high retraction make
these liability as absolute liability.
• Absolute liability is nothing but
applying of Strict Liability but
without any exceptions.
RULES FOR ESTABLISHING ABSOLUTE LIABILITY

• Hazardous or inherently dangerous activities

• Escape not necessary

• No exception

• Applies to Non-Natural and Natural uses of land

• Extent of Damages
 Why The Old Rule Was
Inappropriate In Indian
Perspective?
• High Industrialisation Growth
• Agriculture use of land
• Very old rule not appropriate in present
world

 Supreme Court’s View: Our Supreme

Court found that in modern times of
science and technology the rule of
Rylands v. Fletcher was not suitable. So,
it was replaced by the rule of absolute
liability.
DIFFERENCE BETWEEN ABSOLUTE LIABILITY AND STRICT LIABILITY

ABSOLUTE LIABILITY STRICT LIABILITY

Absolute liability is a standard of legal Under the strict liability rule, the law
liability found in tort and criminal law of makes people pay compensation for
various legal jurisdictions. damages even if they are not at fault.

In absolute liability, an enterprise can be In strict liability, the escape of a dangerous

made responsible even without an escape. thing is necessary

It has no exceptions. It is subject to certain exceptions like vis

major, act of a third party, volenti non fit
injuria etc.

The principle of absolute liability was laid The principle of strict liability was laid
down in the case of MC Mehta v. Union of down in the case of Rylands v. Fletcher
India
MC MEHTA v UNION •A company named Union Carbide
set up a plant in Bhopal which
manufactured pesticides.
OF INDIA
•On the night of 2nd December
1984, the plant leaked 40 tons of
dangerous gas (methyl isocyanate).

•The adjoining area around the

plant became a gas chamber
because of which 3000 people died,
and various others were injured.

•During the investigation, it was

found that all the safety systems of
the plant were non-functional.

•The Supreme Court decided not

to follow the rule of strict liability
as this would result in such
industries escaping the liability for
the damage caused and lost lives.
 • It resulted in a very large
number of fatalities and
injuries to several thousands
of people, along with damage
BHOPAL GAS LEAK to livestock, property, and the
environment in general.

• A hazardous chemical known

ass methyl isocyanate leaked
out from the Union Carbide
India Ltd.’s pesticide factory,
turning the entire city of
Bhopal into a gas chamber.

• With more than 15,000 people

killed, the Bhopal Gas Leak
tragedy became one of the
most devastating industrial
disasters in India.

• Then Chief Justice PN

Bhagabati, while delivering
the judgment in MC Mehta v.
Union of India [1987 SCR (1)
819], evolved the concept of
absolute liability for the first
time in India. 
The compensation
awarded was around
Rs. 1 lakh for the
families of the people
who lost their lives,
Rs. 50,000 for
permanently injured
and Rs. 25,000 for
temporarily injured.
INDIAN COUNCIL FOR ENVIRO-
LEGAL ACTION V. UNION OF INDIA

• The petitioner is an environmental

organization, fighting against the damage
caused to the environment and people, by
certain chemical plants (Respondents 4-9)
functioning in the Bichhri village in
Udaipur, Rajasthan.

•The pollution caused disease and death

among the village population and this
concern was raised in the Parliament.
However, no actions followed.

•Peaceful protest was conducted by the

villagers, leading to imposition of Section
144 in the area. R5 and 8 were closed
down. Nevertheless, the impact lasted
longer.
 SCOPE OF THE
NEW RULE OF
ABSOLUTE
LIABILITY
The Scope of new rule is
very wider in all terms than
old rule.

-Do not have any

exception.
-Very wide scope.
-Cover not only public
negligence or fault but
cover even personal
injuries caused due to the
negligence of neighbour.
-Now cover not only the
occupier of land but also
non occupier of the land.
 BIBLIOGRAPHY

• https://en.wikipedia.org/wiki/Absolute_liabilit
y
• http://www.manupatra.com/
• https://lawcorner.in/difference-between-strict-
liability-and-absolute-liability/
• https://www.lawyersclubindia.com/judiciary/a
nalysis-of-indian-council-for-enviro-legal-
action-v-union-of-india-and-others-4206.asp