In 1882, the Bombay High Court was faced with a complex situation involving , which governs bigamy .
: This established that "abetment by omission" or "passive presence" is generally not enough for a conviction without a clear legal duty to act or specific criminal intent ( mens rea ). The Modern Context: 2021 Citations emperor vs umi 1882 2021
The case addressed whether a person can be held liable for a crime simply by being present and failing to prevent it. In this instance, the accused (Umi) was charged with abetting a bigamous marriage. In 1882, the Bombay High Court was faced