Absolute Liability may be defined as the application of Strict Liability without the inclusion of exceptions given in Strict Liability. Absolute Liability came into being after M.C. Mehta And Anr vs Union Of India & Ors on 20 December 1986 popularly known as Oleum Gas Leak Case. The concept of Absolute Liability evolved in India after the judgement was propounded by the then Chief Justice of India P.N. Bhagwati. The Supreme Court then evolved the rule of absolute liability on the rule of strict liability it stated that the defendant would be liable for the damage caused the court would not consider the exceptions to the strict liability rule. If any harm is caused the person who is practising such activity will be absolutely liable. This concept of Absolute Liability became the backbone of many upcoming Environmental Laws and was used as a precedent while deciding Bhopal Gas Tragedy Case. Indian government with the viewpoint of ensuring the sufferers of such accidents get quick relief through insurance, the Indian Legislature passed the Public Liability Insurance Act in the year 1991.

1. ABSOLUTE
LIABILITY

3. ORIGIN
AND
EVOLUTION

4. DEFINITION
Application of Strict Liability without
inclusion of exceptions given in Strict Liability.
Absolute Liability ORIGINATION
1986
Oleum Gas Leak Case.
M.C. Mehta And Anr vs Union Of India & Ors

5. What is Strict Liability?
Liability states that a person who is keeping any hazardous or
poisonous substance on his premises shall be held responsible
if by any accident the substance escapes and causes any kind of
damage
Evolved in the case of
Rylands v Fletcher.
1868.

6. Essential Elements of Absolute Liability
● Dangerous Thing
● Escape
● Non-Natural use of land
● Mischief

7. Need
● Agricultural Problems
● The need for Strictness

8. Difference between Absolute and Strict
Liability
ABSOLUTE LIABILITY STRICT LIABILITY
*) DOES NOT CONTAIN EXCEPTIONS *) CONTAINS EXCEPTIONS
*) APPLIES TO BOTH NATURAL AND *) NON NATURAL USE OF
NON NATURAL USE OF LAND LAND REQUIRES USE OF
NON NATURAL USE OF LAND

9. SCOPE OF ABSOLUTE LIABILITY:
1) No exception exists
2) Absolute Liability has a very wide scope.
3) Deals with an individual who has occupied the land as well as the
individual who has not occupied the land.
4) Personal injuries are also covered along with public negligence.

10. CONCLUSION
The principle of Absolute Liability makes it possible that a person can be liable
when he/she is not at fault under another principle of “no-fault liability”.
Absolute liability became a deciding factor in several cases be it Union Carbide Corporation vs Union
Of India Etc, Shriram vs Mitaben, The State Of Tripura vs The Province Of East Bengalunion.
The scope of Absolute Liability is very wide which widens the scope of the
law .

11. BY
SHOBHIT CHAKRAVARTY
1st YEAR B.L.S., LL.B
KLE LAW COLLEGE