Indian Penal Code

Indian Penal Code

Jurisdiction
1. Intra Territorial - Sec 2
2. Extra Territorial Jurisdiction Sec 3,4
  1. For Citizens
  2. Ships, Aircrafts
  3. Computer Resource is India
Offence - Commission and Omission, Something not performed but law commands
Crime
1. Intention - Diff from Motive
2. Preparation
  1. Not an Offence Except
    1. Wage War against state
    2. Depredation to any country at peace with India
    3. Dacoity
3. Attempt
  1. Both Offence and Attempt dealt in the same section - eg dacoity
  2. Offence and Attempt in sep sec - Murder
  3. Offence in one section, sttempt i general section 511, eg Theft
General Exceptions are Defences u/s 76-106
1. Burden of Proof on Accused, Sec 105 Evidence Act
2. Defences
  1. Excusable Acts - Lacks Mens Rea
    1. Mistake of Fact
      1. Misconception of Fact (not law)
      2. In good faith
      3. Commanded by Law
      4. Justified by Law
    2. Incapacity
      1. Infancy - Till age 7, 7-12 in some circumstance
      2. Insanity
      3. Involuntary Intoxication
    3. Accident
      1. Needs to be proved that proper care and casution was exercised
  2. Justifiable Acts
    1. Judicial Acts
    2. Necessity
      1. Act likely to Cause Harm
      2. No intention to do harm
      3. To Prevent other Harm
    3. Consent
      1. Not known or intended to cause hurt and done with consent
        Eg - Sports
      2. Done with consent to give benefit but lead to harm
        Eg - Doctor
      3. Not Consent
        Under Threat
        Misconception of Facts
        Intoxicated Person
        Minor
        Insane
        Act itself if Illegal
      4. Act Performed to do Benefit need not always require consent
        Eg - Saving someone from a tiger
    4. Communication in Good Faith
      1. Diff from Act in Good Faith
    5. Private Defence
    6. Trifles
      1. Even delibrate acts covered
    7. Compulsion
      1. Act under instant threat of Death
      2. Except acts of murder and against State

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