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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: Aman and Amez into a brawl in the middle of the road when the former car collides with the letters bumper plate Aman was joined by her husband and two-year-old child. In the midst of the fight, Awez tried to push Aman but accidentally pushed Aman's husband, who was holding a two-year-old child. W gob can subsequently fall on the road. The child was seriously injured in the fall and had to be transported to the hospital. Can Amez claim the defence of an accident to justify a child's injured?
Yes, as he did not have the criminal intent of the knowledge to hurt the child.
Yes, as he only intended to scare Aman and not cause any injury to anyone.
No, as Awez should have foreseen the result of his actions.
No, as Awez's actions did not constitute a lawful act done in a lawful manner.
Answers (1)
As per the passage the defence of an accident is to be successfully claimed, It is necessary that the act in addition to being done without criminal intent or knowledge be lawful and done in a lawful manner None of these ingredients are reflected in Awez's actions. Therefore option (d) is correct.
