Accident as a General Exception - Section 80 IPC

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An accident is a sudden unintended act or an act by chance without any apparent cause. It is considered a defence under criminal law. The principle revolves around the theory that when a person does not have mens rea, which is an essential element of a crime, he can’t be held liable for such an act.

Section 105 of the Indian Evidence Act, 1872 says that if a person alleges that his act was an accident and not a crime with the intention, then the burden of proof lies upon him to establish that his case falls under a general exception, namely accident as per section 80 of the Indian Penal Code.KEEP READING

Necessity as an Exception - Section 81 IPC

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A necessity in a general sense can be said to be the state or fact of being required. When a person commits a crime or any harm to any person or property to prevent or avoid more significant harm than what has been caused by him, the defence of necessity is applied.

This section incorporates a principle whereby a person is excused from doing lesser harm to prevent or avoid greater harm. You can understand necessity as an exception to IPC from section 81 (Chapter IV, General Exceptions).KEEP READING

Infancy as an Exception to IPC - Section 82 and 83

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A child is considered innocent, and any wrongful act done by a child cannot be said to be a crime or an offence as it lacks mens rea (guilty mind).

This section follows the principle of doli incapax, which provides that a child is considered incapable of forming the intent to commit a crime or tort. This can be understood briefly from section 82 and section 83 of IPC. Let me explain what this is and make it easy for you.KEEP READING

Mistake as a General Exception under IPC

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Section 76 deals with cases where the person under a mistake considers himself to be compelled or bound by law to act in a particular way. Although his act is a crime on the actual condition of the facts.

On the contrary, section 79 deals with cases where a person under the mistake considers himself to be simply justified or excused by the law to act in a particular way.KEEP READING

Essentials of Common Object Indian Penal Code

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The Indian Penal Code contains certain provisions in which the liability of a person who commits a crime with some other persons is determined.

When a person commits a crime with some other person(s), joint liability is generated because either the intention or the object is common to all the persons who have committed a crime together.KEEP READING

Applicability and Jurisdiction of the Indian Penal Code

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Generally speaking, jurisdiction is the official power to make legal decisions and judgements. The extent to which the Court of law can exercise its powers relating to suits, appeals, proceedings, etc., can be said to be the jurisdiction of the Indian Penal Code. It is the limit within which the courts can exercise their powers over the cases.

Jurisdiction of IPC can be understood from sections 1, 2, 3, 4 and 5.KEEP READING

Tort Law Note - Definition Characteristics Differences

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A tort is not a crime. It is a civil wrong.

The word ‘tort’ is derived from the Latin word ‘tortum’ which means ‘to twist’. It, therefore, includes those acts which are not straight or lawful but are crooked or twisted. In English, it means ‘wrong’.

Law of tort has its origin in the common law of England. This branch of law consists of various ‘torts’ or wrongful acts whereby the wrongdoer violates some legal right vested in another person.KEEP READING