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given to Y is no part of the act whereby Avoluntarily causes hurt to Z, A is liable to one punishmen... | given to Y is no part of the act whereby Avoluntarily causes hurt to Z, A is liable to one punishment for voluntarily causing hurt to Z, and to another for the blow given to Y . 10.In all cases in which judgment is given that a person is guilty of one of several offences specified in the judgment, but that it is doubtful of which of these offences he is guilty, the offender shall be punished for the offence for which the lowest punishment is provided if the same punishment is not provided for all. 11.Whenev |
everal offences specified in the judgment, but that it is doubtful of which of these offences he is ... | everal offences specified in the judgment, but that it is doubtful of which of these offences he is guilty, the offender shall be punished for the offence for which the lowest punishment is provided if the same punishment is not provided for all. 11.Whenever any person is convicted of an offence for which under this Sanhita the Court has power to sentence him to rigorous imprisonment, the Court may, by its sentence, order that the offender shall be kept in solitary confinement for any portion or portions of |
er any person is convicted of an offence for which under this Sanhita the Court has power to sentenc... | er any person is convicted of an offence for which under this Sanhita the Court has power to sentence him to rigorous imprisonment, the Court may, by its sentence, order that the offender shall be kept in solitary confinement for any portion or portions of the imprisonment to which he is sentenced, not exceeding three months in the whole, according to the following scale, namely (a) a time not exceeding one month if the term of imprisonment shall not exceed six months; (b) a time not exceeding two months if |
the imprisonment to which he is sentenced, not exceeding three months in the whole, according to th... | the imprisonment to which he is sentenced, not exceeding three months in the whole, according to the following scale, namely (a) a time not exceeding one month if the term of imprisonment shall not exceed six months; (b) a time not exceeding two months if the term of imprisonment shall exceed six months and shall not exceed one year; (c) a time not exceeding three months if the term of imprisonment shall exceed one year. 12.In executing a sentence of solitary confinement, such confinement shall in no case |
the term of imprisonment shall exceed six months and shall not exceed one year; (c) a time not exce... | the term of imprisonment shall exceed six months and shall not exceed one year; (c) a time not exceeding three months if the term of imprisonment shall exceed one year. 12.In executing a sentence of solitary confinement, such confinement shall in no case exceed fourteen days at a time, with intervals between the periods of solitary confinement of not less duration than such periods; and when the imprisonment awarded shall exceed three months, the solitary confinement shall not exceed seven days in any one |
exceed fourteen days at a time, with intervals between the periods of solitary confinement of not le... | exceed fourteen days at a time, with intervals between the periods of solitary confinement of not less duration than such periods; and when the imprisonment awarded shall exceed three months, the solitary confinement shall not exceed seven days in any one month of the whole imprisonment awarded, with intervals between the periods of solitary confinement of not less duration than such periods. 13.Whoever, having been convicted by a Court in India, of an offence punishable under Chapter X or Chapter XVII of t |
month of the whole imprisonment awarded, with intervals between the periods of solitary confinement ... | month of the whole imprisonment awarded, with intervals between the periods of solitary confinement of not less duration than such periods. 13.Whoever, having been convicted by a Court in India, of an offence punishable under Chapter X or Chapter XVII of this Sanhita with imprisonment of either description for a term of three years or upwards, shall be guilty of any offence punishable under either of those Chapters with like imprisonment for the like term, shall be subject for every such subsequent offence |
his Sanhita with imprisonment of either description for a term of three years or upwards, shall be g... | his Sanhita with imprisonment of either description for a term of three years or upwards, shall be guilty of any offence punishable under either of those Chapters with like imprisonment for the like term, shall be subject for every such subsequent offence to imprisonment for life, or to imprisonment of either description for a term which may extend to ten years. CHAPTERIII GENERAL EXCEPTIONS 14.Nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by reason of |
to imprisonment for life, or to imprisonment of either description for a term which may extend to te... | to imprisonment for life, or to imprisonment of either description for a term which may extend to ten years. CHAPTERIII GENERAL EXCEPTIONS 14.Nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be, bound by law to do it. Illustrations. (a)A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. A has committed no offence.Punishment of person |
a mistake of law in good faith believes himself to be, bound by law to do it. Illustrations. (a)A, ... | a mistake of law in good faith believes himself to be, bound by law to do it. Illustrations. (a)A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. A has committed no offence.Punishment of person guilty of one of several offences, judgment stating that it is doubtful of which. Limit of solitary confinement. Enhanced punishment for certain offences after previous conviction. Act done by a person bound, or by mistake of fact believing himself bound, |
guilty of one of several offences, judgment stating that it is doubtful of which. Limit of solitary ... | guilty of one of several offences, judgment stating that it is doubtful of which. Limit of solitary confinement. Enhanced punishment for certain offences after previous conviction. Act done by a person bound, or by mistake of fact believing himself bound, by law.Solitary confinement.10THE GAZETTE OF INDIA EXTRAORDINARYPart II_________________________________________________________________________________________________________________________________________________________________________________________ |
(b) A, an officer of a Court, being ordered by that Court to arrest Y, and, after due enquiry, belie... | (b) A, an officer of a Court, being ordered by that Court to arrest Y, and, after due enquiry, believing Z to be Y, arrests Z. A has committed no offence. 15.Nothing is an offence which is done by a Judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law. 16.Nothing which is done in pursuance of, or which is warranted by the judgment or order of, a Court; if done whilst such judgment or order remains in force, is an offence, notwithst |
which is, or which in good faith he believes to be, given to him by law. 16.Nothing which is done i... | which is, or which in good faith he believes to be, given to him by law. 16.Nothing which is done in pursuance of, or which is warranted by the judgment or order of, a Court; if done whilst such judgment or order remains in force, is an offence, notwithstanding the Court may have had no jurisdiction to pass such judgment or order, provided the person doing the act in good faith believes that the Court had such jurisdiction. 17.Nothing is an offence which is done by any person who is justified by law, or wh |
anding the Court may have had no jurisdiction to pass such judgment or order, provided the person do... | anding the Court may have had no jurisdiction to pass such judgment or order, provided the person doing the act in good faith believes that the Court had such jurisdiction. 17.Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in doing it. Illustration. A sees Z commit what appears toA to be a murder. A, in the exercise, to the best of his judgment exert |
o by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes himse... | o by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in doing it. Illustration. A sees Z commit what appears toA to be a murder. A, in the exercise, to the best of his judgment exerted in good faith, of the power which the law gives to all persons of apprehending murderers in the fact, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in selfdefence. 18.No |
ed in good faith, of the power which the law gives to all persons of apprehending murderers in the f... | ed in good faith, of the power which the law gives to all persons of apprehending murderers in the fact, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in selfdefence. 18.Nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution. Illustration. A is at work with a hatchet; the he |
thing is an offence which is done by accident or misfortune, and without any criminal intention or k... | thing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution. Illustration. A is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there was no want of proper caution on the part of A, his act is excusable and not an offence. 19.Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cau |
ad flies off and kills a man who is standing by. Here, if there was no want of proper caution on the... | ad flies off and kills a man who is standing by. Here, if there was no want of proper caution on the part of A, his act is excusable and not an offence. 19.Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property. Explanation.It is a question of fact in such a case whether the harm to be prevented or avoid |
se harm, if it be done without any criminal intention to cause harm, and in good faith for the purpo... | se harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property. Explanation.It is a question of fact in such a case whether the harm to be prevented or avoided was of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm. Illustrations. (a) A, the captain of a vessel, suddenly and without any fault or negligence on his part, finds hi |
ed was of such a nature and so imminent as to justify or excuse the risk of doing the act with the k... | ed was of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm. Illustrations. (a) A, the captain of a vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably run down a boat B, with twenty or thirty passengers on board, unless he changes the course of his vessel, and that, by changing his course, he must incur risk of running down |
mself in such a position that, before he can stop his vessel, he must inevitably run down a boat B, ... | mself in such a position that, before he can stop his vessel, he must inevitably run down a boat B, with twenty or thirty passengers on board, unless he changes the course of his vessel, and that, by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear. Here, if Aalters his course without any intention to run down the boat C and in good faith for the purpose of avoiding the danger to the passengers in the boat B, he is not guilty of |
a boat C with only two passengers on board, which he may possibly clear. Here, if Aalters his course... | a boat C with only two passengers on board, which he may possibly clear. Here, if Aalters his course without any intention to run down the boat C and in good faith for the purpose of avoiding the danger to the passengers in the boat B, he is not guilty of an offence, though he may run down the boat C by doing an act which he knew was likely to cause that effect, if it be found as a matter of fact that the danger which he intended to avoid was such as to excuse him in incurring the risk of running down the b |
an offence, though he may run down the boat C by doing an act which he knew was likely to cause that... | an offence, though he may run down the boat C by doing an act which he knew was likely to cause that effect, if it be found as a matter of fact that the danger which he intended to avoid was such as to excuse him in incurring the risk of running down the boat C. (b) A, in a great fire, pulls down houses in order to prevent the conflagration from spreading. He does this with the intention in good faith of saving human life or property. Here, if it be found that the harm to be prevented was of such a nature a |
oat C. (b) A, in a great fire, pulls down houses in order to prevent the conflagration from spreadin... | oat C. (b) A, in a great fire, pulls down houses in order to prevent the conflagration from spreading. He does this with the intention in good faith of saving human life or property. Here, if it be found that the harm to be prevented was of such a nature and so imminent as to excuse As act, A is not guilty of the offence.Act of Judge when acting judicially. Act done pursuant to judgment or order of Court. Act done by a person justified, or by mistake of fact believing himself justified, by law. Accident in |
nd so imminent as to excuse As act, A is not guilty of the offence.Act of Judge when acting judicial... | nd so imminent as to excuse As act, A is not guilty of the offence.Act of Judge when acting judicially. Act done pursuant to judgment or order of Court. Act done by a person justified, or by mistake of fact believing himself justified, by law. Accident in doing a lawful act. Act likely to cause harm, but done without criminal intent, and to prevent other harm.Sec. 1THE GAZETTE OF INDIA EXTRAORDINARY11____________________________________________________________________________________________________________ |
20.Nothing is an offence which is done by a child under seven years of age. 21.Nothing is an offence... | 20.Nothing is an offence which is done by a child under seven years of age. 21.Nothing is an offence which is done by a child above seven years of age and under twelve years of age, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion. 22.Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wr |
nature and consequences of his conduct on that occasion. 22.Nothing is an offence which is done by a... | nature and consequences of his conduct on that occasion. 22.Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law. 23. Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law; provided that |
ong or contrary to law. 23. Nothing is an offence which is done by a person who, at the time of doin... | ong or contrary to law. 23. Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law; provided that the thing which intoxicated him was administered to him without his knowledge or against his will. 24.In cases where an act done is not an offence unless done with a particular knowledge or intent, a person who does the act in a state of intoxication shal |
the thing which intoxicated him was administered to him without his knowledge or against his will. ... | the thing which intoxicated him was administered to him without his knowledge or against his will. 24.In cases where an act done is not an offence unless done with a particular knowledge or intent, a person who does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge as he would have had if he had not been intoxicated, unless the thing which intoxicated him was administered to him without his knowledge or against his will. 25.Nothing which is not intended to |
l be liable to be dealt with as if he had the same knowledge as he would have had if he had not been... | l be liable to be dealt with as if he had the same knowledge as he would have had if he had not been intoxicated, unless the thing which intoxicated him was administered to him without his knowledge or against his will. 25.Nothing which is not intended to cause death, or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person, above eighteen years of age, who has |
cause death, or grievous hurt, and which is not known by the doer to be likely to cause death or gri... | cause death, or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm. Illustration. A and Z agree to fence with |
given consent, whether express or implied, to suffer that harm; or by reason of any harm which it m... | given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm. Illustration. A and Z agree to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which, in the course of such fencing, may be caused without foul play; and if A, while playing fairly, hurts Z,A commits no offence. 26.Nothing, which is not intended t |
each other for amusement. This agreement implies the consent of each to suffer any harm which, in th... | each other for amusement. This agreement implies the consent of each to suffer any harm which, in the course of such fencing, may be caused without foul play; and if A, while playing fairly, hurts Z,A commits no offence. 26.Nothing, which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether expres |
o cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to... | o cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm. Illustration. A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under the painful complaint, but not intending to cause Zs death, and intend |
s or implied, to suffer that harm, or to take the risk of that harm. Illustration. A, a surgeon, kno... | s or implied, to suffer that harm, or to take the risk of that harm. Illustration. A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under the painful complaint, but not intending to cause Zs death, and intending, in good faith, Zs benefit, performs that operation on Z, with Zs consent. A has committed no offence. 27.Nothing which is done in good faith for the benefit of a person under twelve years of age, or person of unsound mind, by, or by consent, either ex |
ing, in good faith, Zs benefit, performs that operation on Z, with Zs consent. A has committed no of... | ing, in good faith, Zs benefit, performs that operation on Z, with Zs consent. A has committed no offence. 27.Nothing which is done in good faith for the benefit of a person under twelve years of age, or person of unsound mind, by, or by consent, either express or implied, of the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause or be known by the doer to be likely to cause to that person Provided that th |
press or implied, of the guardian or other person having lawful charge of that person, is an offence... | press or implied, of the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause or be known by the doer to be likely to cause to that person Provided that this exception shall not extend to–– (a) the intentional causing of death, or to the attempting to cause death; (b) the doing of anything which the person doing it knows to be likely to causeAct of a child above seven and under twelve years of age of immatur |
is exception shall not extend to–– (a) the intentional causing of death, or to the attempting to cau... | is exception shall not extend to–– (a) the intentional causing of death, or to the attempting to cause death; (b) the doing of anything which the person doing it knows to be likely to causeAct of a child above seven and under twelve years of age of immature understanding. Act of a person of unsound mind. Act of a person incapable of judgment by reason of intoxication caused against his will. Offence requiring a particular intent or knowledge committed by one who is intoxicated. Act not intended and not know |
e understanding. Act of a person of unsound mind. Act of a person incapable of judgment by reason of... | e understanding. Act of a person of unsound mind. Act of a person incapable of judgment by reason of intoxication caused against his will. Offence requiring a particular intent or knowledge committed by one who is intoxicated. Act not intended and not known to be likely to cause death or grievous hurt, done by consent. Act not intended to cause death, done by consent in good faith for persons benefit. Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian.Act of |
n to be likely to cause death or grievous hurt, done by consent. Act not intended to cause death, do... | n to be likely to cause death or grievous hurt, done by consent. Act not intended to cause death, done by consent in good faith for persons benefit. Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian.Act of a child under seven years of age.12THE GAZETTE OF INDIA EXTRAORDINARYPart II___________________________________________________________________________________________________________________________________________________________________________________ |
death, for any purpose other than the preventing of death or grievous hurt, or the curing of any gri... | death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity; (c) the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of any grievous disease or infirmity; (d) the abetment of any offence, to the committing of which offence it would not extend. Illustration. A, in good faith, for his childs benefit without his childs consent, has |
ing death or grievous hurt, or the curing of any grievous disease or infirmity; (d) the abetment of ... | ing death or grievous hurt, or the curing of any grievous disease or infirmity; (d) the abetment of any offence, to the committing of which offence it would not extend. Illustration. A, in good faith, for his childs benefit without his childs consent, has his child cut for the stone by a surgeon knowing it to be likely that the operation will cause the childs death, but not intending to cause the childs death. A is within the exception, in as much as his object was the cure of the child. 28.A consent is not |
his child cut for the stone by a surgeon knowing it to be likely that the operation will cause the c... | his child cut for the stone by a surgeon knowing it to be likely that the operation will cause the childs death, but not intending to cause the childs death. A is within the exception, in as much as his object was the cure of the child. 28.A consent is not such a consent as is intended by any section of this Sanhita,–– (a) if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in |
such a consent as is intended by any section of this Sanhita,–– (a) if the consent is given by a pe... | such a consent as is intended by any section of this Sanhita,–– (a) if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception; or (b) if the consent is given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or (c) unless the contrary appea |
consequence of such fear or misconception; or (b) if the consent is given by a person who, from unso... | consequence of such fear or misconception; or (b) if the consent is given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or (c) unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age. 29.The exceptions in sections 25, 26 and 27 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be k |
rs from the context, if the consent is given by a person who is under twelve years of age. 29.The ex... | rs from the context, if the consent is given by a person who is under twelve years of age. 29.The exceptions in sections 25, 26 and 27 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given. Illustration. Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is an offence independently of any harm w |
nown to be likely to cause, to the person giving the consent, or on whose behalf the consent is give... | nown to be likely to cause, to the person giving the consent, or on whose behalf the consent is given. Illustration. Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is an offence independently of any harm which it may cause or be intended to cause to the woman. Therefore, it is not an offence by reason of such harm; and the consent of the woman or of her guardian to the causing of such miscarriage does not justify the act. 30.Nothing is an offence by reason |
hich it may cause or be intended to cause to the woman. Therefore, it is not an offence by reason of... | hich it may cause or be intended to cause to the woman. Therefore, it is not an offence by reason of such harm; and the consent of the woman or of her guardian to the causing of such miscarriage does not justify the act. 30.Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that persons consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving conse |
of any harm which it may cause to a person for whose benefit it is done in good faith, even without ... | of any harm which it may cause to a person for whose benefit it is done in good faith, even without that persons consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit Provided that this exception shall not extend to–– (a) the intentional causing of death, or the attempt |
nt, and has no guardian or other person in lawful charge of him from whom it is possible to obtain c... | nt, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit Provided that this exception shall not extend to–– (a) the intentional causing of death, or the attempting to cause death; (b) the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity; (c) the voluntary causing of |
ing to cause death; (b) the doing of anything which the person doing it knows to be likely to cause ... | ing to cause death; (b) the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity; (c) the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt; (d) the abetment of any offence, to the committing of which offence it would not extend. Illustrations. (1) Z is thrown from his horse, and is insensible |
hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hur... | hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt; (d) the abetment of any offence, to the committing of which offence it would not extend. Illustrations. (1) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires toConsent known to be given under fear or misconception. Exclusion of acts which are offences independently of harm caused. Act done in good faith for benefit of a person without consent.Sec. 1THE GAZETTE OF INDIA EXTR |
. A, a surgeon, finds that Z requires toConsent known to be given under fear or misconception. Exclu... | . A, a surgeon, finds that Z requires toConsent known to be given under fear or misconception. Exclusion of acts which are offences independently of harm caused. Act done in good faith for benefit of a person without consent.Sec. 1THE GAZETTE OF INDIA EXTRAORDINARY13_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ |
be trepanned. A, not intending Zs death, but in good faith, for Zs benefit, performs the trepan befo... | be trepanned. A, not intending Zs death, but in good faith, for Zs benefit, performs the trepan before Z recovers his power of judging for himself. A has committed no offence. (2) Z is carried off by a tiger. Afires at the tiger knowing it to be likely that the shot may kill Z, but not intending to kill Z, and in good faith intending Zs benefit.As bullet gives Z a mortal wound. A has committed no offence. (3)A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation be |
t the shot may kill Z, but not intending to kill Z, and in good faith intending Zs benefit.As bullet... | t the shot may kill Z, but not intending to kill Z, and in good faith intending Zs benefit.As bullet gives Z a mortal wound. A has committed no offence. (3)A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation be immediately performed. There is no time to apply to the childs guardian. A performs the operation in spite of the entreaties of the child, intending, in good faith, the childs benefit. A has committed no offence. (4) A is in a house which is on fire, with |
immediately performed. There is no time to apply to the childs guardian. A performs the operation in... | immediately performed. There is no time to apply to the childs guardian. A performs the operation in spite of the entreaties of the child, intending, in good faith, the childs benefit. A has committed no offence. (4) A is in a house which is on fire, with Z, a child. People below hold out a blanket.A drops the child from the house top, knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending, in good faith, the childs benefit. Here, even if the child is ki |
Z, a child. People below hold out a blanket.A drops the child from the house top, knowing it to be l... | Z, a child. People below hold out a blanket.A drops the child from the house top, knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending, in good faith, the childs benefit. Here, even if the child is killed by the fall, A has committed no offence. Explanation.Mere pecuniary benefit is not benefit within the meaning of sections 26, 27 and this section. 31.No communication made in good faith is an offence by reason of any harm to the person to whom it is m |
lled by the fall, A has committed no offence. Explanation.Mere pecuniary benefit is not benefit with... | lled by the fall, A has committed no offence. Explanation.Mere pecuniary benefit is not benefit within the meaning of sections 26, 27 and this section. 31.No communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person. Illustration. A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock. A has committed no offence, though he knew it to be likel |
ade, if it is made for the benefit of that person. Illustration. A, a surgeon, in good faith, commun... | ade, if it is made for the benefit of that person. Illustration. A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock. A has committed no offence, though he knew it to be likely that the communication might cause the patients death. 32.Except murder, and offences against the State punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, which, at the time of doing it, reasonabl |
y that the communication might cause the patients death. 32.Except murder, and offences against the ... | y that the communication might cause the patients death. 32.Except murder, and offences against the State punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence Provided that the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the |
y cause the apprehension that instant death to that person will otherwise be the consequence Provide... | y cause the apprehension that instant death to that person will otherwise be the consequence Provided that the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint. Explanation 1.A person who, of his own accord, or by reason of a threat of being beaten, joins a gang of dacoits, knowing their character, is not entitled to the benefit of this exception, on the gr |
situation by which he became subject to such constraint. Explanation 1.A person who, of his own acc... | situation by which he became subject to such constraint. Explanation 1.A person who, of his own accord, or by reason of a threat of being beaten, joins a gang of dacoits, knowing their character, is not entitled to the benefit of this exception, on the ground of his having been compelled by his associates to do anything that is an offence by law. Explanation 2.A person seized by a gang of dacoits, and forced, by threat of instant death, to do a thing which is an offence by law; for example, a smith compell |
ound of his having been compelled by his associates to do anything that is an offence by law. Explan... | ound of his having been compelled by his associates to do anything that is an offence by law. Explanation 2.A person seized by a gang of dacoits, and forced, by threat of instant death, to do a thing which is an offence by law; for example, a smith compelled to take his tools and to force the door of a house for the dacoits to enter and plunder it, is entitled to the benefit of this exception. 33.Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likel |
ed to take his tools and to force the door of a house for the dacoits to enter and plunder it, is en... | ed to take his tools and to force the door of a house for the dacoits to enter and plunder it, is entitled to the benefit of this exception. 33.Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm. Of right of private defence 34. Nothing is an offence which is done in the exercise of the right of private defence. 35.Every person ha |
y to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would co... | y to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm. Of right of private defence 34. Nothing is an offence which is done in the exercise of the right of private defence. 35.Every person has a right, subject to the restrictions contained in section 37, to defend (a) his own body, and the body of any other person, against any offence affecting the human body; (b) the property, whether movable or immovable, of himself or of any otherCommunicat |
s a right, subject to the restrictions contained in section 37, to defend (a) his own body, and the ... | s a right, subject to the restrictions contained in section 37, to defend (a) his own body, and the body of any other person, against any offence affecting the human body; (b) the property, whether movable or immovable, of himself or of any otherCommunication made in good faith. Act to which a person is compelled by threats. Act causing slight harm. Things done in private defence. Right of private defence of body and of property.14THE GAZETTE OF INDIA EXTRAORDINARYPart II____________________________________ |
ion made in good faith. Act to which a person is compelled by threats. Act causing slight harm. Thin... | ion made in good faith. Act to which a person is compelled by threats. Act causing slight harm. Things done in private defence. Right of private defence of body and of property.14THE GAZETTE OF INDIA EXTRAORDINARYPart II____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ |
person, against any act which is an offence falling under the definition of theft, robbery, mischief... | person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass. 36.When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same rig |
fence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsou... | fence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence. Illustrations. (a) Z, a person of unsound mind, attempts to kill A; Z is guilty of no offence. ButA has the same right of private defence which he would have if Z were |
ht of private defence against that act which he would have if the act were that offence. Illustratio... | ht of private defence against that act which he would have if the act were that offence. Illustrations. (a) Z, a person of unsound mind, attempts to kill A; Z is guilty of no offence. ButA has the same right of private defence which he would have if Z were sane. (b) A enters by night a house which he is legally entitled to enter. Z, in good faith, taking A for a housebreaker, attacks A. Here Z, by attacking A under this misconception, commits no offence. But A has the same right of private defence against Z |
sane. (b) A enters by night a house which he is legally entitled to enter. Z, in good faith, taking... | sane. (b) A enters by night a house which he is legally entitled to enter. Z, in good faith, taking A for a housebreaker, attacks A. Here Z, by attacking A under this misconception, commits no offence. But A has the same right of private defence against Z, which he would have if Z were not acting under that misconception. 37.(1) There is no right of private defence,–– (a) against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a pub |
, which he would have if Z were not acting under that misconception. 37.(1) There is no right of pri... | , which he would have if Z were not acting under that misconception. 37.(1) There is no right of private defence,–– (a) against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act, may not be strictly justifiable by law; (b) against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the |
lic servant acting in good faith under colour of his office, though that act, may not be strictly ju... | lic servant acting in good faith under colour of his office, though that act, may not be strictly justifiable by law; (b) against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law; (c) in cases in which there is time to have recourse to the protection of the public authorities. (2) The right of |
direction of a public servant acting in good faith under colour of his office, though that directio... | direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law; (c) in cases in which there is time to have recourse to the protection of the public authorities. (2) The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence. Explanation 1.A person is not deprived of the right of private defence against an act done, or attempted to be done, by a public |
private defence in no case extends to the inflicting of more harm than it is necessary to inflict f... | private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence. Explanation 1.A person is not deprived of the right of private defence against an act done, or attempted to be done, by a public servant, as such, unless he knows or has reason to believe, that the person doing the act is such public servant. Explanation 2.A person is not deprived of the right of private defence against an act done, or attempted to be done, by the direction of a pub |
servant, as such, unless he knows or has reason to believe, that the person doing the act is such pu... | servant, as such, unless he knows or has reason to believe, that the person doing the act is such public servant. Explanation 2.A person is not deprived of the right of private defence against an act done, or attempted to be done, by the direction of a public servant, unless he knows, or has reason to believe, that the person doing the act is acting by such direction, or unless such person states the authority under which he acts, or if he has authority in writing, unless he produces such authority, if dema |
lic servant, unless he knows, or has reason to believe, that the person doing the act is acting by s... | lic servant, unless he knows, or has reason to believe, that the person doing the act is acting by such direction, or unless such person states the authority under which he acts, or if he has authority in writing, unless he produces such authority, if demanded. 38.The right of private defence of the body extends, under the restrictions specified in section 37, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the de |
nded. 38.The right of private defence of the body extends, under the restrictions specified in secti... | nded. 38.The right of private defence of the body extends, under the restrictions specified in section 37, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely (a) such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault; (b) such an assault as may reasonably cause the apprehension that grievous hurt will otherw |
scriptions hereinafter enumerated, namely (a) such an assault as may reasonably cause the apprehensi... | scriptions hereinafter enumerated, namely (a) such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault; (b) such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault; (c) an assault with the intention of committing rape; (d) an assault with the intention of gratifying unnatural lust; (e) an assault with the intention of kidnapping or abducting;Right of private defence against act |
ise be the consequence of such assault; (c) an assault with the intention of committing rape; (d) an... | ise be the consequence of such assault; (c) an assault with the intention of committing rape; (d) an assault with the intention of gratifying unnatural lust; (e) an assault with the intention of kidnapping or abducting;Right of private defence against act of a person of unsound mind, etc. Acts against which there is no right of private defence. When right of private defence of body extends to causing death.Sec. 1THE GAZETTE OF INDIA EXTRAORDINARY15____________________________________________________________ |
of a person of unsound mind, etc. Acts against which there is no right of private defence. When righ... | of a person of unsound mind, etc. Acts against which there is no right of private defence. When right of private defence of body extends to causing death.Sec. 1THE GAZETTE OF INDIA EXTRAORDINARY15____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ |
(f) an assault with the intention of wrongfully confining a person, under circumstances which may re... | (f) an assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release; (g) an act of throwing or administering acid or an attempt to throw or administer acid which may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such act. 39.If the offence be not of any of the descriptions specified in section 38, the right of private de |
cid or an attempt to throw or administer acid which may reasonably cause the apprehension that griev... | cid or an attempt to throw or administer acid which may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such act. 39.If the offence be not of any of the descriptions specified in section 38, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions specified in section 37, to the voluntary causing to the assailant of any harm other than death. 40.The right of private defence o |
fence of the body does not extend to the voluntary causing of death to the assailant, but does exten... | fence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions specified in section 37, to the voluntary causing to the assailant of any harm other than death. 40.The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence though the offence may not have been committed; and it continues as long as such apprehension of danger to the body conti |
f the body commences as soon as a reasonable apprehension of danger to the body arises from an attem... | f the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence though the offence may not have been committed; and it continues as long as such apprehension of danger to the body continues. 41.The right of private defence of property extends, under the restrictions specified in section 37, to the voluntary causing of death or of any other harm to the wrongdoer, if the offence, the committing of which, or the attempting to commit which, |
nues. 41.The right of private defence of property extends, under the restrictions specified in secti... | nues. 41.The right of private defence of property extends, under the restrictions specified in section 37, to the voluntary causing of death or of any other harm to the wrongdoer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter enumerated, namely (a) robbery; (b) housebreaking after sunset and before sunrise; (c) mischief by fire or any explosive substance committed on any building, tent or |
occasions the exercise of the right, be an offence of any of the descriptions hereinafter enumerated... | occasions the exercise of the right, be an offence of any of the descriptions hereinafter enumerated, namely (a) robbery; (b) housebreaking after sunset and before sunrise; (c) mischief by fire or any explosive substance committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or as a place for the custody of property; (d) theft, mischief, or housetrespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the cons |
vessel, which building, tent or vessel is used as a human dwelling, or as a place for the custody of... | vessel, which building, tent or vessel is used as a human dwelling, or as a place for the custody of property; (d) theft, mischief, or housetrespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised. 42. If the offence, the committing of which, or the attempting to commit which occasions the exercise of the right of private defence, be theft, mischief, or criminal trespass, not of any of the d |
equence, if such right of private defence is not exercised. 42. If the offence, the committing of wh... | equence, if such right of private defence is not exercised. 42. If the offence, the committing of which, or the attempting to commit which occasions the exercise of the right of private defence, be theft, mischief, or criminal trespass, not of any of the descriptions specified in section 41, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions specified in section 37, to the voluntary causing to the wrongdoer of any harm other than death. 43.The right of |
escriptions specified in section 41, that right does not extend to the voluntary causing of death, b... | escriptions specified in section 41, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions specified in section 37, to the voluntary causing to the wrongdoer of any harm other than death. 43.The right of private defence of property,–– (a) commences when a reasonable apprehension of danger to the property commences; (b) against theft continues till the offender has effected his retreat with the property or either the assistance of the public authorities is |
private defence of property,–– (a) commences when a reasonable apprehension of danger to the proper... | private defence of property,–– (a) commences when a reasonable apprehension of danger to the property commences; (b) against theft continues till the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the property has been recovered; (c) against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or of instant pers |
obtained, or the property has been recovered; (c) against robbery continues as long as the offender... | obtained, or the property has been recovered; (c) against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or of instant personal restraint continues; (d) against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief; (e) against housebreaking after sunset and before sunrise continues as long as the housetres |
onal restraint continues; (d) against criminal trespass or mischief continues as long as the offende... | onal restraint continues; (d) against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief; (e) against housebreaking after sunset and before sunrise continues as long as the housetrespass which has been begun by such housebreaking continues. 44. If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectuallyWhen such right ex |
pass which has been begun by such housebreaking continues. 44. If in the exercise of the right of pr... | pass which has been begun by such housebreaking continues. 44. If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectuallyWhen such right extends to causing any harm other than death. Commencement and continuance of right of private defence of body. When right of private defence of property extends to causing death. When such right extends to causing any harm other than death. Commencement and |
tends to causing any harm other than death. Commencement and continuance of right of private defence... | tends to causing any harm other than death. Commencement and continuance of right of private defence of body. When right of private defence of property extends to causing death. When such right extends to causing any harm other than death. Commencement and continuance of right of private defence of property. Right of private defence against deadly assault when there is risk of harm to innocent person.16THE GAZETTE OF INDIA EXTRAORDINARYPart II_________________________________________________________________ |
continuance of right of private defence of property. Right of private defence against deadly assaul... | continuance of right of private defence of property. Right of private defence against deadly assault when there is risk of harm to innocent person.16THE GAZETTE OF INDIA EXTRAORDINARYPart II_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ |
exercise that right without risk of harm to an innocent person, his right of private defence extends... | exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk. Illustration. A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. Acommits no offence if by so firing he harms any of the children. CHAPTERIV OF ABETMENT ,CRIMINAL CONSPIRACY AND A TTEMPT of abetment 45.A pers |
thout firing on the mob, and he cannot fire without risk of harming young children who are mingled w... | thout firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. Acommits no offence if by so firing he harms any of the children. CHAPTERIV OF ABETMENT ,CRIMINAL CONSPIRACY AND A TTEMPT of abetment 45.A person abets the doing of a thing, who (a) instigates any person to do that thing; or (b) engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, |
on abets the doing of a thing, who (a) instigates any person to do that thing; or (b) engages with o... | on abets the doing of a thing, who (a) instigates any person to do that thing; or (b) engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or (c) intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1.A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose |
and in order to the doing of that thing; or (c) intentionally aids, by any act or illegal omission,... | and in order to the doing of that thing; or (c) intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1.A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. Illustration. A, a public officer, is authorised by a warrant from a Court to apprehend Z. B, knowing that fact and also th |