1913 Present: Pereira J.

" TIMES OF CEYLON " v. MARCUS.

235-P. C. Colombo, 39,564.

Copyright telegram-Offence under a. 2 of Ordinance No. 19 of 1898- Prosecution need not establish, that the accused knew that the news had appeared in another paper-Burden of proof is on accused to show that publication was not wilful-Mens rea.

In a prosecution under section 2 of Ordinance No. 19 of 1898, where the intelligence contained in a message by electric telegraph, duly published in accordance with the Ordinance in a newspaper, is proved to have been printed and published by the accused within the prohibited tune, such publication can be excused only if it is shown that a message similar to that received by the newspaper and in like manner sent was the local source of such intelligence.

In section 2 of the Ordinance the word " wilfully " is not used in the sense of " knowingly."

Mens rea is not an ingredient of the offence defined in section 1. What the Ordinance means is that when a person receives intelligence that, humanly speaking, could only have reached Ceylon by means of the electric telegraph, it is his duty before printing and publ