Legalclaws

  What is intoxication under IPC 1860? Involuntary intoxication is allowed as a defence against crime. 1 Type of intoxication:- ·        VOLUNTARY INTOXICATION -It means intoxication with own will -Defence is not allowed in this term -Logic:- If allowed, every person would intoxicate himself and commit a crime then take a defence under this term and justice totally failure   ·        INVOLUNTARY INTOXICATION -It means intoxication against the will or without knowledge of that person who is drunk. -Defence allowed   2 INVOLUNTARY INTOXICATION Nothing is an offence which is done by a person who is intoxicated and not able to understand the nature of that crime.   3 ESSENTIAL INGREDIENTS        i.             The intoxication must be “without the knowledge or against will, but voluntary intoxic...

  General exceptions (Kanoon se bachne ke trike) 1 infancy – crime by children 2 insanity (unsoundness of mind) 3 intoxication ( without the knowledge or against will) 4 private defence 5 mistake 6 accident 7 necessity 8 communication made in good faith 9 trifles

  What is insanity under IPC? General exceptions for an unsound person when they commit a crime but not get punishment. 1.     Type of insanity IDIOCY: - it means madness since birth LUNACY: - it means madness after birth either due to disease or injury.   2.     Nothing is offence which is done by a person who at the time of doing that crime, because of unsoundness of mind to understand the nature of that crime.   3.     ESSENTIAL INGREDIENTS 1.      Insanity must be due to a medical disease of mind such as Hallucinations Split personality disorder Fits Sleep-walking…etc 2.     The disease must be GRAVE AND SERIOUS that is a person incapable to understand the nature of the act. 3.     The most important requirement of insanity is that the crime was committed exactly at the time when the mind was affected by insanity.   “Any crime before...

  What is infancy? General exceptions for children when they commit a crime but not get punishment   1. Child below 7 years (Section 82 of IPC 1860) 1.     Complete immunity under IPC 1860. 2.     Nothing is an offence that is done by a child below 7 years of age. 3.     Such children are called doli incapax , incapable of forming criminal intent necessary for a crime. 4.     Such children are completely protected from prosecution and punishment, such child can neither be arrest nor can they be tried or punished under any circumstance.   2. Children between 7-12years (Section 83 of IPC 1860) 1.     Conditional immunity under IPC 1860. 2.     Nothing is an offence that is done by a child above 7 and below 12 years of age who has not attained sufficient maturity of understanding the nature of the crime. 3.     A mental understanding of the child i...