Mere violation of route mentioned in transit pass will not attract offence of theft, says HC
The Madras High Court ruled that deviating from a specified route while transporting minerals with a valid transit pass does not constitute theft or illegal mining. The court clarified that such a violation is a procedural issue rather than a criminal offense under the Bharatiya Nyaya Sanhita.
Why it matters
This legal precedent clarifies the scope of criminal liability for transport violations, protecting individuals from over-prosecution.
The Madurai Bench of the Madras High Court held that when a person transports minerals under a valid transit pass, mere violation of the route mentioned in the transit pass, will not attract offences under Section 303(2) of Bharatiya Nyaya Sanhita, 2023, or Section 21(5) of Mines and Minerals (Development and Regulation) Act, 1957, which deal with punishment for theft and illegal mined minerals respectively.
The article summarizes a court ruling by presenting the arguments of both the petitioner and the state, followed by the judge's reasoning.
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