Mens rea is an essential ingredient of the offences under Sections 13 and 14 of the Foreigners Act, in so far as they are applicable for violation of the Foreigners (Restricted Areas) Order, 1963.

LAHIRI, J:- This is an appeal against an order of acquittal. The respondent was prosecuted under Section 14 of the Foreigners Act, 1946 for alleged violation of para 3 of the Foreigners (Restricted Areas) Order, 1963 (as amended).

2. The following facts are not disputed by the parties : (1) That the respondent is a British citizen; (2) that he had a valid British passport permitting him to visit India; (3) the passport carried with it a request from the secretary of State, in the name of Her Majesty, to allow the holder of the passport to move freely without let or hindrance and to afford the holder every assistance and protection which he might stand in need: (4) the respondent upon arrival at Kokrajhar in Assam on 6-10-1978 presented himself at the police station with the passport, to disclose his arrival; (5) in turn, the officer-in-charge of the police station endorsed on the passport as "Reported his arrival at Kokrajhar town on 6-10-78. Sd/- D.N. Pator, Officer-in-Charge, Kokrajhar Police Station; (6) that the respondent was never informed, apprised or notified at any time by the said police officer or any Law Enforcement Officer or the Superintendent of Police, Goalpara, that any "permit" was necessary for his stay at Kokrajhar (Assam); (7) he lived openly, never in a secretive, stealthy, furtive, clandestine or hidden manner. In fact, he purchased a parcel of land at Kokrajhar; (8) however, on 23-7-79 an ejahar was lodged by Shri Debendra Chandra Das, Inspector of Police, Kokrajhar that the respondent had entered India on a valid passport but was unauthorisedly staying at Kokrajhar town without "a restricted area permit" from the authority, purchased land and constructed a house, as such, he was liable to be prosecuted under S.14 of the Act; (9) notwithstanding anything contained in the Foreigners (Exemption) Order, 1957, no foreigner can enter into or remain in the "restricted areas" without a permit; (10) that Kokrajhar is within the "restricted area" reflected in the First Schedule to the said "Order"; (11) that the respondent was tried and acquitted by an order dated 1-7-1980; (12) that the plea of the accused was that he came India on a valid passport, checked in the police station whereupon the Officer-in-Charge endorsed his passport, but was never told that he was to obtain any permit for his stay at Kokrajhar. He claimed that he had no knowledge about the "Order" and/or the necessity of any permit to enter Assam. In short, he pleaded and proved absence of guilty mind.

3. We entirely agree with Mr. S.A. Laskar, learned Public Prosecutor, Assam, that the impugned judgment of acquittal suffers from various infirmities. But the crucial question is whether the order of acquittal requires interference at this end on the acknowledged facts of the case. It is not disputed by the learned Public Prosecutor that the respondent exhibited open, candid and straightforward compartment and there was no inkling of secretive, hidden, concealed, covert, clandestine or veiled conduct shown by the respondent. It is also not disputed that the respondent had no mala fide intention. In fact he was misled by the Officer of the Law who assured him that he was free to stay at Kokrajhar. The learned counsel for the parties agree that mens rea is an essential constituent of the offences under Ss.13 and 14 of the Foreigners Act, in so far as they are applicable for violation of the Foreigners (Restricted Areas) Order, 1963.

4. In the jungle of laws it is well-nigh impossible to know all laws and one cannot see the wood for the forest. What about a foreigner who arrives with a genuine passport? He is not supposed to know the ancillary laws made in the form of Orders, Rules and Notifications and/or constructions and restrictions imposed by them. It is true that they are supposed to know the provisions of the Foreigners Act. However, if there are Orders, Notifications, Rules, made under "the Act" there must exist some mechanism to info