INDIAN PENAL CODE 1860 IN MARATHI FREE DOWNLOAD PDF TRIAL
Therefore, his trial should proceed with the fiction that the facts were just as he had wrongly thought them to be, not so. Mistake as a factor of attenuation imply a rule that when a person knows or mistakes the existence of the relevant events, he does not see or anticipate the consequences of the act unlawfully.
Nature of Mistake to be considered as an Excuse Under s 76, a person believes that he/she is bound by law to do something and thus feels that he/she is under legal compulsion to do something, while under section 79 he/she acts because he/she believes that he/she is justified in doing so and thus believes that his / her action is justified by law. Though similar and similarly resistant, these two provisions are distinct from each other. Whereas section 79 absolves a person who believes in good faith that his act would be justified by law because of the error of fact and not because of the error of law. Section 76 protects a person from criminal liability who is bound by law to do something and do it, or who claims in good faith that he is bound by law to do something and do it because of a misunderstanding of fact. They also, by implication, distinguish between error of fact and law and argue that a wrongdoer is exonerated by the former and not the latter. A has committed no offence, though it may turn out that Z was acting in self-defence.”Ī plain reading of these two sections, analogous to each other, reveals that they lay down the law of error as an exception to criminal liability. A, in the exercise, to the best of his judgment exerted in good faith, of the power which the law gives to all persons of apprehending murderers in the fact, seizes Z, in order to bring Z before the proper authorities. IllustrationĪ sees Z commit what appears to A to be a murder.
Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in doing it. Section 79 in The Indian Penal Code, 1860: “Act done by a person justified, or by mistake of fact believing himself justified, by law. (b) A, an officer of a Court of Justice, being ordered by that Court to arrest Y, and, after due enquiry, believing Z to be Y, arrests Z. (a) A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. Nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be, bound by law to do it. Section 76 in The Indian Penal Code, 1860: “Act done by a person bound, or by mistake of fact believing himself bound, by law. According to Blackstone, “general exceptions are defences that can be regarded as those circumstances where the prosecution has been unable to prove all the requirements of liability beyond a reasonable doubt.” I. There is a range of restrictions on each punitive provision and no crime can be complete without exceptions. The title ‘General Exceptions’ is used to indicate that all offenses are subject to these exceptions. Ultimately, the ‘general exceptions’ limit and override the Code’s offenses and penal provisions. In other words, an offender who has committed an actus reus with the required mens rea may escape liability because he has a “general exception” to offer as a response to the prosecution.
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