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  •  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

 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: Kamlesh, a farmer has a plot of land on which he grows wheat for the wholesale market in the neighbouring city. One day, he found that his crops had been uprooted, and he assumed that it was the result of boars' activities, as Boars had frequently been sighted in and around that region. On the second day, he discovered his crops uprooted once more and felt activity in the field. As there is no law to make shooting animals an offence so he drew this bow and arrow and shot at the location where he sensed movement. It was discovered that he had injured a person. Can Kamlesh use the accident defence?

 

Option: 1

No, before shooting an arrow Kamlesh should have determined the identity of the miscreants.


Option: 2

Yes, as Kamlesh shot an arrow believing it to be a boar and did not intend to hurt a person instead.

 


Option: 3

No, as Kamlesh shot an criminal which is an illegal act in itself.

 


Option: 4

Yes, as Kamlesh has all the rights to protect his field and crop, irrespective of who attempts to destroy it

 


Answers (1)

best_answer

For a person to claim the defence of accident it is imperative that the person does the alleged act without any criminal intent or knowledge. The injured caused must be the result of misfortune in the given factual scenario, Kamlesh cannot be said to have criminal intent to harm a human being, as had a good read to believe that the person was an animal destroying his crop as they spotted frequently. Therefore option (b) is correct.

 

Posted by

Deependra Verma

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