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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: Consider the factual circumstances describes in the proceeding question in which a mad dog invaded the conflict scene and attempted to bite Aman's husband. In an attempt to chase away the dog. Awez hits it inadvertently striking Aman's husband who falls, and the child who is severely hurt and must be brought to the hospital the child eventually dies. Can Awez' now use the defence of accident?
No, as he hit the dog with the criminal intent of harming it irrespective of who was injured as a result.
Yes, as he did not have the criminal intent to cause the death of the child.
No, Awez's actions were not done in a lawful manner.
Yes, as Awez could not have foreseen the death of the child.
Answers (1)
For the defence of accident to be successfully claimed it is necessary that the act in addition to being done without a criminal intent or knowledge be lawful and done in a lawful manner. In this scenario, Awez intended to drive away the dog from the fight scene and he cannot be said to have intended the death of the child. Hence option b is correct.
