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Define Good Faith
Define Good Faith
Essentials
Illustration
‘C’, a surgeon, knows that a particular operation may result in the death of ‘W’ who is suffering from
throat cancer, but there is no intention to cause his death and he does performs the operation in good
faith and for W’s benefit that too with his consent. Here ‘C’ has committed no offence.
7. STATE CRIMINAL LIABILITY OF THE CHILD BETWEEN AGE OF 7 AND 12 YEARS UNDER IPC
?
Ingredients
1. intent,
3. causation.
Grounds of
Kidnapping Abduction
differentiation
Section Section 359 defines the offence of Section 362 defines the
kidnapping. offence of abduction.
Abduction refers to
Kidnapping refers to taking away a compelling or inducing
minor or person of unsound mind any person by using
Meaning from its legal guardianship or force or through any
taking away any person beyond deceitful means, to take
the limits of India. him/her from one place
to another.
Force, compulsion or
Means used Means used are immaterial. deceitful means should
be involved.
It is not a substantive
offence. It constitutes an
It is a substantive offence. It
Type of offence when it was
means merely the act of taking
offence done with the intention
away constitutes kidnapping.
to commit other
offences.
A induces B by force to
A takes away B, a girl of 16 years
go from one place to
of age, out of her lawful
another place in order to
Illustration guardianship without the consent
compel her for marriage.
of the guardians. A has committed
A has committed
kidnapping.
abduction.
to cause injury to another person or the reputation of anybody in whom the victim is interested.
Section 378 of the IPC defines theft as, “Whoever, intending to take dishonestly any movable property
out of the possession of any person without that person’s consent, moves that property to such taking,
is said to commit theft”.
5. There must be some moving of the property in order to accomplish the taking of it .
Cause of Death: The act has to be done with the knowledge that the act may cause the death of
another.
Bodily injury: There must be intent to cause such bodily injury as is likely to cause death.
Example: A shoots B with the intention of killing him. As a result, B dies, the murder is committed by A.
D intentionally gives C a sword-cut, which in the ordinary course of nature is the cause of death of
anyone. As a result, C dies. Here, D is guilty of murder, although he was not the cause of C's death.
13 . WHO IS A ABETTOR
To understand ‘Abetment’, we must first understand the meaning of the term “abet”. The
literal meaning of the term ‘abet’ is ‘to encourage or assist someone to do something
wrong, especially in committing a crime’.
The abettor, as defined under Section 108 of IPC, is the person who abets in the:
1. Commission of an offence.
2. Commission of such an offence if done by a person not suffering from any mental or
physical incapacity.
14 . DEFINE DACOITY
Section 391 of the Indian Penal Code defines dacoity. It says that when 5 or more than 5
conjointly commit or attempt to commit a robbery, it is dacoity.
A,B,C,D,E if commit robbery it will be called dacoity
Gang Robbery = Dacoity
Attempt and aiding in dacoity is also offence of dacoity (same punishment as
dacoity) Here attempt or aiding or abetment will also be punishable under Section
391 only. Section 511 won’t apply here
Essential Ingredients
In order to commit dacoity, there are 3 essentials which must be there. These
essentials are:
There should be at least five or more than five persons;
They should conjointly commit or attempt to commit dacoity;
They should have dishonest intention.
According to IPC Section 124 A, “Whoever brings or attempts to bring into hatred or
contempt, or excites or attempts to excite disaffection towards the Government established
by law in India shall be punished. According to Section 124A, sedition carries one of the
following penalties:
Words, whether spoken or written, signs, a visual depiction, or any other such act,
must exist.
An act of this nature should inspire or attempt to inspire anger, contempt, or
disaffection;
Such hatred, scorn, or disapproval must be directed at any legal government in
India; and
It must have caused public unrest or the encouragement of violence.
According to Section 441 of The Indian Penal Code, whoever enters into property in
the possession of another with the intent to commit an offence or to intimidate, insult
or annoy any person in possession of such property, or having lawfully entered into
such property, but remains there with intent thereby to intimidate, insult or any such
person, or with an intent to commit an offence, is said to commit ‘criminal trespass’.
Section 383 of the indian penal code states that if a person intentionally puts another person in a
position of fear or of threat to cause him injury, or deceitfully persuade him so that he may deliver
the property or any other valuable goods to another person or any document which has been
signed and can be turned in a valuable security. Punishment regarding extortion is enshrined under
section Section 384 of the Indian penal code.
Illustration
If A who kidnapped B’s child Z, demands a sum of 10,00,000 Rs. from B. all the efforts made by B in
order to know whereabouts of his child turned out to be futile. B with all the failed attempts pay the
prescribed amount to A. A has committed the offence of extortion.
Under section 76 of Indian Penal Code, the maxim ‘ignorantia facti doth excusat ignorantia juris
non-excusat’ it means, a person has done an act which by law is an offence, under a misconception
of facts, leading him to believe in good faith that he was commanded by the law.
Illustration
A, a police officer gets information that G is a gangster and running business of drugs. A went to
arrest G but arrests B believing that he is G. Here A is acting under the command of the law and can
take the defence of mistake of fact.
Section 304B of the Indian Penal Code states that if a woman dies within seven years of marriage by
any burns or bodily injury or it was revealed that before her marriage she was exposed to cruelty or
harassment by her husband or any other relative of the husband in connection to demand dowry
then the death of the woman will be considered as a dowry death.
Essential Ingredients
Death should be caused by burns or bodily injury or by any other circumstances.
Death must occur within the seven years of marriage.
It must be revealed that soon before her marriage she was exposed to cruelty or
harassment by her husband or any other relative.
The cruelty or harassment on her should be in connection with the demand for dowry.