-
Engineering and Architecture
Exams
Colleges
Predictors
Resources
-
Computer Application and IT
Quick Links
Colleges
-
Pharmacy
Colleges
Resources
-
Hospitality and Tourism
Colleges
Resources
Diploma Colleges
-
Competition
Other Exams
Resources
-
School
Exams
Top Schools
Products & Resources
-
Study Abroad
Top Countries
Student Visas
-
Arts, Commerce & Sciences
Exams
Colleges
Upcoming Events
Resources
-
Management and Business Administration
Colleges & Courses
Predictors
-
Learn
Online Courses
Engineering Preparation
Medical Preparation
-
Online Courses and Certifications
Top Streams
Specializations
- Digital Marketing Certification Courses
- Cyber Security Certification Courses
- Artificial Intelligence Certification Courses
- Business Analytics Certification Courses
- Data Science Certification Courses
- Cloud Computing Certification Courses
- Machine Learning Certification Courses
- View All Certification Courses
Resources
-
Medicine and Allied Sciences
Colleges
Predictors
Resources
-
Law
Resources
Colleges
-
Animation and Design
Exams
Predictors & Articles
Colleges
Resources
-
Media, Mass Communication and Journalism
Colleges
Resources
-
Finance & Accounts
Top Courses & Careers
Colleges
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: Ram is a wanted criminal and his picture is displayed across Chandigarh police station and public locations. There is also a momentary reward for anyone who is successful in apprehending him and publishing the picture of Ram Ketaki walking through the municipal park one day when he noticed a man who looks like Ram in the picture. She follows him around the park when he gets near enough she knocks him hard in order to catch him in denounces him to the police however, following closer inspection it is discovered that the man Ketaki injured is not Ram. Can Ketaki use the defence of mistake of fact?
Yes, As Ketaki genuinely thought she had spotted a criminal.
Yes, As Ketaki hit the person with the intention of helping the police.
No, As the act committed by Ketaki was illegal in itself.
No, As Ketaki should have determined the identity first and then hit him.
Answers (1)
It is the most appropriate answer, here as teh someone to claim the defence of mistake of fact it is important that the act is fought justified by means of the defence to be the legal first place. In the given fact, Ketaki, who was thought to be Ram was wanted as a criminal.
