SECTIONS Flashcards
sections for private defence? body and human
96-106
100 onwards kinda explanations
section 96
right to private defence - self help is the first rule of criminal law, acc to KD gaur,
96.2 everybody has right to defend his own body and property and also others body and property
96.3- PD applies if the deceased is the actual assailant and also if the cause for PD has arisen from one of th categories in sec 100-103 or if there was an assault reasonably caising apprehension of death in **sec106 **
sec97
right to defence of oneself (body) and others(body) and property
in indian law under sec 97 even a stranger can defend any other person or poroperty but in english law there must be a preexisting relationship between defendor (accused) and the person being defended
Reg v rose - mum abused by dad , dad was gonna shiv the mum so son shot him to death
sec97
right to defence of oneself (body) and others(body) and property
in indian law under sec 97 even a stranger can defend any other person or poroperty but in english law there must be a preexisting relationship between defendor (accused) and the person being defended
true owner has every right to disposses tresspaser while trespasser is in ACT of terssing but not once its already accomplished-** if already accomplished the true owner**
* aggressor cannot use PD
* onus of proving PD on accused as PD is preventative not punitive
Reg v rose - mum abused by dad , dad was gonna shiv the mum so son shot him to death- PD valid , Jaipal v Haryana - aggressor cannot claim PD
Sec98
right to pd agains unsound mind still valid because the point is to protect ones life. while A - cuckoo person might not be held libale for the assault, B - still has right to PD regardless of A’s lack of sanity
sec99
exceptions to pd
1. unless there is reasonable apprehension of grevious hurt or death pd cannot be used agaisnt public servants even if the servants act is not striclty justifiable
2. PD not viable against acts of public servant or those acting under pservants authority under the color of his office, and also if it is KNOWN that its a Pservant/under authority of Pservant.
3. good faith also a factor
if the act is STRICTLY illegal/ ultra vires then PD is viable
- no right to private defense if time for legal recourse
- harm must be proportionate to injury - ramesh chandra v state
kesho ram v delhi admin, Paramsukh case, Puran Singh v punjab
NO right to PD if There is time to have legal recource and protection public authorities, 99.6 + more harm than necessary cannot be inflicted
section100
justifies killing or causing any other harm to assailant
1. apprehension of gh/ death
2. assault with intention to gratify unnatural lust, rape (yeshwant rao v madhya pradesh)
3. intention of kidnapping/abducting
4. intetion to wrongfully confine person
5. acid attack
if the description of none of the above fit then sec101 applies where u can assault but not kill
sec102
when right to pd is available? sec 102= as soon as reasonable apprehension of danger to body arises from attempt/threat to commit crime the right begins and continues till danger to body continues
Amjad khan v state
sec103
right to pd of property to extent of causing death
* robbery,
* housebreaking at night,
* micheife, theft, house trespass in conditions which would cause reasonable apprehension of death/gh
Abetment
Sec108
essentials- there must be an abettor, must abet an an act which is an offence.
still abetment if person doesnt actually comit the abetted crime - maharashtra v pandurang
sec109
if someoen abets and theres no provision made for punishment of that specifc type of abetment then the person is guilty of the act abetted itself
sec110= if the person abetted does the act w different intentions then the person who abets – persuades– will be punished for the crime commited not just abetment
sec111, 113- one act abetted another doen- abbettr still liable for the actual offence committed as the other act occured in natural consequence to the abetment
112- cumulative punishment
abettor liable for both crimes suppose he abets theft, and eventually leads to arson, abettor liable for both punishments
sec114
mere presence at crime scene not equal to abetment and presence must euther be in a way to assist the crime or there must be a direct and causal link between the person and crime committor, atp abettor will be punished as through he committed the crme himself
punishement of abetment
if act abetted would have a punishment of life impr. or death and act NOT committed- imprisonment for upto 7 years and maybe fine, -115
if offence committed then ofc they are liable for the actual offence
116- if offence that doesnt have life impr abetted but not committed (+abetment of the act no section in ipc) - the punishemnt of abettor = 1/4th of the longest term for the offence
- if person abetted = public servant punishment = 1/2 of longest term + fine
sec109, 115, 116
punishement of abetment
if act abetted would have a punishment of life impr. or death and act NOT committed- imprisonment for upto 7 years and maybe fine, -115
if offence committed then ofc they are liable for the actual offence
116- if offence that doesnt have life impr abetted but not committed (+abetment of the act no section in ipc) - the punishemnt of abettor = 1/4th of the longest term for the offence
- if person abetted = public servant punishment = 1/2 of longest term + fine
sec109, 115, 116
joint liability
sec34-38, sec37- acting in cooperation even if not discussed prior= both may contribute but joint liability may not arise but if acting in cooperation and sync= joint liability can arise
sec120A,B
Sec141, 146
sec107
common object vs common intention
common object - sec 141 - degree of intention is less and premeditioan + planning is also less - requires 5+ ppl offense in itself
common intention- sec34- degree of intention+ premed + planning is more - roles are clearly defined and 2 ppl minimum, evidence required.
section 299 and 300 ipc
299- culpable homicide
essentials - death of person, act which caused death must 1. be caused by another person 2. done with intention to cause death or 3. with knowledge that act will likely cause death
300- MURDER
if act that caused death was done w intent to cause death or with intent to cause bodily injury which the accused KNOWS is likely to cause death / bodily injury which under the regular course of nature will cause death
State of A.P. v. R. Punnayya
exceptions to murder
- grave and sudden provocation (which is not manufactured by culprit, and the provocation cannot be cuased by public official in lawful excersise or by someone acting in self defence)
- culpable homicide not equal to murder if doen in self defence
- not murder if done by public servant under lawful execution of public justice
- sudden conflict and heat of the moment where the offender did not take advantage/ didnt act in cruel or unusual manner
abetment of suicide and suicide
sec305. Abetment of suicide of child or insane person
sec306. Abetment of suicide.
sec309. Attempt to commit suicide
in orderto qualify as abetment deceased must have commited suicide =satvir singh v punjab
punishment for abetment of suicide
Abetment of suicide is punishable under Section 306. The punishment for abetment of suicide is imprisonment for a term which may extend to ten years and a fine.
hurt and grevious hurt sections?
sec319-338
319 - hurt defined
320- GH define
321- hurt as offence
322- GH as offence
323,324- punishment for hurt + by dangerous weapon or means (1yr+ or 3 yrs if w weapon) +328=hurt by poison
325.326- punishment for gh+ by dangerous weapon (7+10yrs)
