Module 1 Flashcards
First draft of IPC was prepared by
Thomas Babington Macaulay
What was the first draft based on
codification of the law of England
Napoleonic Code
Louisiana Civil Code of 1825
First draft of the IPC was presented in
1837
Date of Enactment
6th October 1860
Date of enforecement
1st January 1862
Before 2019 the IPC was not applicable in Jammu and Kashmir, they used to have the?
Ranbir Penal Code
General exceptions- which chapter and sections?
Chapter 4. sec 76 to 106
What are the Four elements of a crime
The crime must be committed by a person
There must be hurt or injury caused to another
Mens Rea
Actus Reus
Mens rea legal maxim
actus non facit reum nisi mens sit rea
(An act is not culpable unless it is done with a guilty mind)
Is mens rea mentioned in the IPC
No it is not, however words such as Intention, Knowledge, Recklessness and Negligence are mentioned
what is the opposite of mens rea
Bonafide intention
state the mens rea hierarchy
Intention
Knowledge
Recklessness
Negligence
The Supreme Court has defined what constitutes criminal culpability and differentiated between recklessness, negligence, and rashness.
[case law]
Poonam Verma v Ashwin Patel
Legal maxim for actus reas
Actus me invito factus non est mens actus
Where is Actus Reus mentioned in the IPC
Section 32- actus reus also refers to the failure to perform any act or omission that the accused is aware he is obligated to execute by duty or law.