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Get Answers to all your Questions
Read the following passage and answer the questions.
The Indian Penal Code (IPC) has various basic defences that exonerated criminal liability based on the concept that even if a person commits an offence, he cannot be held accountable. This is Because the person's conduct was justified at the time of the offence or there was a lack of mens rea. Exceptions such as mistake of fact and accident among others' are possible when is misinformed about the presence of certain facts and the conduct is performed without criminal intent.
Mistake of fact:-This exemption applies where an accused has misinterpreted a fact that eliminates a criminal element. This legal weapon can be utilised if the accused is able to demonstrate that he or she was mistaken about the presence of certain facts or was unaware of the existence of such facts however the said mistake than of law. In the same spirit, Sec 76 of the IPC states, the act done by a person bound or mistakenly behaving himself is bound by law. Nothing constitutes offence if it is committed by a person who is or thinks himself to be obligated by law to do it due to a mistake of fact rather than a mistake of law.
Accident:-Using this defence, a person might avoid criminal liability when their actions are the result of an accident, Such an act must be intentional. The purpose of the law is not to penalise a person foa r matter over which they have no control. In such Spirit sec 80 of IPC states, accident in doing a lawful act nothing is an offence which is done by accident or misfortune and without any criminal intension or knowledge in the doing of a lawful act in lawful means with proper care and caution.
Question: Karan and Varun are brothers who live on the third floor of a building. Anish their next-door neighbour, feels the two brothers are smuggling wheat because he observed bags of wheat grains being moved in and out of their that on a regular basis. Under this impression, he contacts the local police station to report wheat smuggling. However, when the police come and conduct an investigation, Anish's concerns are proven to be unfounded. Can Anish claim the defence of the mistake of facts?
No, as he is ignorant about the law and not facts.
Yes, as he reported the activities to the police in good faith
No, as he should have first checked for himself and then should have called the police.
Yes, as if were not for Anish the act would have gone unreported.
Answers (1)
In the factual scenario, Anish reported the alleged smuggling of wheat to the police in good faith i.e. he genuinely believed that there was an illegal activity being carried out, his actions therefore, were a mistake of fact and not law.
