Herft vs Northway – clr volume 1 page 027

In the case of HERFT v. NORTHWAY, the court examined whether an employer can be held criminally liable for the acts of a servant under Section 20 of the Ceylon Railways Ordinance, 1885, specifically regarding the carriage of dangerous articles by railway. It was determined that the statutory language did not impose strict liability absent express provision and that mens rea is required for such criminal liability. The appeal, brought by the Attorney-General challenging the defendant’s acquittal for sending dynamite by rail without required notice and marking, was dismissed, reaffirming the principle that a master cannot be criminally liable for a servant’s act unless the statute clearly states such liability. The decision emphasized longstanding rules of statutory interpretation and crimin