Explain the nature of mistake of fact and law and state the exception to a person from criminal liability

 Explain the nature of mistake of fact and law and state the exception to a person from criminal liability?

The term mistake literally means Commission or omission of an act ignorantly or unintentionally causing injury or damage to others.

 mistake is of two kinds namely

1.  mistake of fact

2.  mistake of law

 the proportion is based on Maxima “ ignorantia facti excusat,  ignorantia juris non excusat” 

 this   maxim  means ignorance of fat is excusable coma but process of law is not excusable.

 the mistake should be of the fact, not of the law mistake may be due to ignorance, negligence etc  but it must not be due to desire  pre arrangement for free concert.

 Mistake of fact (section 76)

  it is is an  erroneous act,  which takes place when some fact which really exist is unknown or some fact is supposed to exist, which really does not exist.

Sec  76 defines mistake of fact as nothing is an offence which is done by person who is or who by reason of a mistake of fact and not by law in good faith believes himself to be bounded by law to do it

 Essentials 

-  The act must be done by a person who is bound by law in doing that.

-  The act must be done by a person who believes himself to be bound by law in doing that.

-  The belief must be by reason of mistake of fact.

-  The person doing the act must believe in good faith.

-  Mistake must be reasonable/ good faith.

Eg - A  a soldier fires  on a mob by the order of superior officers, in conformity with the commands of law. A  has committed no offence .

Eg - A an officer of a Court of Justice  being ordered by that Court to arrest Y After due enquiry, believing Z   to be Y  arrest Z . A  has committed no offence.

R v/s Tolson

•  Tolson was married in 1880 and was deserted by her husband after 1 year

•  mr Tolson whereabouts are unknown for more than 7 years.

•  female all enquiries about husband and learnt from reliable sources that he died in a shipwreck .

•  believing that he was dead she married again after 7 years.

•  but Tolson returned and she was prosecuted for  bigamy.

 It was held that Bonafide believe on reasonable Grounds in the death of the husband at the time of the second marriage was a mistake of fact.

Exceptions

1.  A person cannot be allowed to plead ignorance of fact,  one responsible enquiries would have Elicited  the true facts.

2. Mistake of fact is not accepted as a plea   at  all when the act is penalized by a statute  without reference to the mind of wrongdoer.

Mistake of law (sec 79)

•  Every man is presumed to know the law.

•  Ignorance of law is not an excuse. 

•  Ignorance of law is not a valid defence.

•  Everyone is bound to know the law of land.

Eg -  If A After  killing B  say that he does not know that murder is offence then it is not a defence.

Ignorantia conquer score tenetur non excusat “ Means ignorance of those things which is found to know does not excuse.

 two reasons as to why ignorance of law is not excused.

1.  Ignorance of law where admitted as a ground of exemption, the court will be involved in questions. which  were  scarcely Possible to solve and which would render administration of justice next to impracticable.

2.  Ignorance of law then always  be alleged by the party on the court in every case,  would be  bound to decide the point,  whether the party was really ignorant of law.

Explain the different stages of crime.

Explain the different stages of crime.

Commission of a crime  involves 4 stages  namely.

1. Intention or contemplation.

2. Preparation. 

3. Implementation.

4. Attempt.

5. Accomplishment.

 Intention or contemplation

 IT is the first stage in the commission of an offence.   It is very difficult for the prosecution to prove the guilty intention of a person to commit an offence. Intention to commit crime is not punishable unless it is made known to other  by words or conduct. In Indian law mere intention to commit a crime is not a crime is Is not punishable however law takes notice of such intention.

Preparation

 it is a second stage of commission of crime repression means to arrange the means or measures necessary for Commission or intended criminal act.  it is very difficult for the prosecution to prove that necessary preparation has been made for the commission of the offence.

 Example -  “A”  purchase a pistol and got it loaded and keeps the same in his pocket in order to kill “B” .  But it is not possible to prove that “A’  is carrying the  loaded  is told to kill

 mere preparation is punishable under IPC in respect of the following offences.

Waging war -  preparation to commit dacoity -  operation for counterfeiting coins and government stamp processing counterfeit coins fake weights and measurements forged documents etc.

 Implementation

This is the third stage of commission of crime to implement means to carry out. It is the process of turning action plans that must follow any Preliminary thinking in order for something to actually happen or providing a practical means for accomplishing something.

Attempt

 It is The Fourth Stage for Commission Of Crime. It is also known as preliminary crime/ inchoate  crime.

 to constitute attempt the following Essentials are to be satisfied

- Guilty intention to commit an offence .

- Some act done towards the commitment of the crime .

- That must fall short of the  completed offences.

Accomplishment

The last stage in the commission of crime is accomplishment. If the accused succeeds in this attempt is guilty of the offence.  in other words the act is accomplished otherwise is guilty of attempt only.

 Example- A  fires at B with an intention to kill him if B dies A  guilty of Murder. If B is  injured A  a is guilty of attempt to murder.

 Possible Parties to the crime

1.  Principle of first degree.

2.  Principle of second degree.

3.  Accessories before the fact.

4.  Accessories  after the fact.

 Principle of first degree.

  the person who actually commits or participate in the commission of crime he is the person by  whom the act is done.  he commit the crime with his  own hands.  if the crime is committed true and innocent agent, then the person who instigates the friends is an offender.

Principle of second degree.

 a person who aids for abets another in a commission of a crime is called principle of second degree.  he is a person who is the principal of  finest degree during the commission of the crime. he may not be physically present at the location of the crime.

 accessory before the fact.

 accessory means contributing something in subordinate degree to the commission of an offence. a person who is not actually or constructive represent but contributes as an assistant or instigator to the commission of an offence is called accessory before the fact.

 accessory after the fact.

 he is a person who assists  the criminal with a view to save him,  in other words A person who receives or protects or maintains a known criminal or helps the criminal to escape after the crime is their accessory after the crime.

A person can be held liable under Indian penal code for Committing an offence beyond the territory of India discuss.

 A person can be held liable under Indian penal code for Committing an offence  beyond the territory of India discuss.

 Territorial jurisdiction Section 2

 Extra territorial jurisdiction Section 3 and 4

Section 2 - Of IPC deals with intra territorial operation of the code.It makes the code Universal in its application to every person in any part of India or every act or omission contrary to the provision of this code.

Territory of the state comprises besides bonded land its port and harbours, the mouths of a river and its land locked bays. Here Every person is made liable to punishment of distinction of nation and caste Creed provided the offence with which his charge has been committed in some part of India.

A foreigner who enters the Indian territory under the protection of Indian law Virtually gives an assurance to its fidelity and obedience to them and submit himself to their protection. it is no difference on behalf of a foreigner that he did not know he was doing wrong that not being an offence in his country.

Exceptions - The following persons are immune by virtue of the provision of the constitutions are under the law of a civilized Nations.

-  Foreign sovereigns

- Ambassador

- alien enemies

-  foreign Army

-   high  dignitaries of the state

- warships

- corporations

Section 3  Punishment of offences committed beyond but which by law may be treated within India.

 section 3 of a group provides for extra territorial operation of Indian legislation relating to criminal law but only if the terms of the sectional satisfied for example a who is a citizen of India

 sexual 4 extension of code to extra territorial offences-   Dipawali if Discover reply also to any offence committed by

1. any citizen of India in any place without and  beyond India

2. any person on any shop polycraft instead India where ever it may be

 example - who is the citizen of India committed a murder in Uganda he can be  tried and convicted to murder in any place in India at which he may be found.

 example- extradition and Admiralty literary destruction

Right of private defence section (96 to 106 )

 Right of private defence section 96 to 106 

 law confers right on every individual to defend his right liberty and prosperity when he is confronted with an imminent danger or unlawful aggression.

 Right to private defence means committing an offence in an exercise of one's own right to defend / protect his life liberty or property .

Example attacks be to kill him be in order to to save himself kills a bi is said to have exercised his right of private defence B can complete the defence to get exemption from criminal liability.

 the law relating to private defence is based on the following principles.

- everyone has the right to defend one's own body or property and also different others body are property at the time of immediate  necessity.

- the right cannot be exercise to cause harm to another as servant

 section 96 nothing is an offence which is done in the exercise of the right of private defence

 reason for differences

1. state undertakes to protect the individual against unlawful attack or their persons or property.

2. bus touch protection from the state cannot be obtained by the individual who is threatened can do everything that is necessary to protect himself.

3. the violence used in the protection must be in proportion to the injury to be affected and must not be used to revenge against the aggressor.

 section 97 every person has the right to defend

1. his own body and body of another person against any other person affecting human body.

2. the property we'll or immovable of himself or of any other person against theft robbery Mischief or criminal trespass  etc.

 the right to protect ones own person and property against the uncalled aggression to another is an inherent right of our aim and was a duty to society to protect person and property of others is an inherent right  of all. A man was a duty to society to protect person and property of others. it concerns the public safety that every honest man should consider himself as a natural protection of each other .

Normally that use must plead the right of private defence to stop but even if an accused does not Please self defence it is open to the court to consider the peel of private defence if it arises from material of record.

 the burden of an accused person to establish The Appeal of self defence is not onerous as the one of which lies on protection. while the prosecution is required to prove its case beyond reasonable doubt that used need not be established  plea.

 section 98 right of private defence against the act of person of unsound mind.

 example Z under the influence of Madness attempts to kill a z is guilty of offence. but a has the same right of private defence which key would have if that were Sane.

 the right of private defence does not depend upon the actual similarity of the aggressor but all the wrongful character of the act attempted.

 sector 99  act against which there is no right of private defence

- no right of private defence against an act done or attempted to be done for by the direction of a public servant.

- the public servant must have done the act in good faith.

- at must be such does not cause reasonable apprehension of death for  grievous hurt.

- at must be strictly justifiable by law.

- Act done by public servant it is our authorities.

Section hundred when right of private defence of the body extends to causing death.

- apprehension of death

- grievous hurt

- an  assert with intention of committing rape

- an accused with the intention of gratifying  unnatural lust.

- an acid with an intention of kidnapping or  abducting.

-  wrongfully confining a person.

 burden of proof

 depends on facts and circumstances lead to  free preponderance of probabilities in favor of Defence.

Section 101  when search write extends to causing any harm other than death.

 any harm short of death can be inflicted in exercising the right of private defence. the accused is required to prove one day that he did not violate the limits.

 section 10 2 commencement and continuance

 right of private defence commences as soon as reasonable apprehension of danger to body arises and right last so long as reasonable apprehension of danger to body continuous.

 section 103 when right of private defence of property extends to causing death

- robbery

-  housebreaking by night

-  mischief

- theft

 a person may cause death in safeguarding his own property or the property of someone else when there is a reason for attention the person whose death has caused was about to commit  offences.

 section 104 when such that extends to causing any harm other than death

 the true  owner has a right to dispose address pass while the latter is in the act or process after passing. this section justify causing of any harmful start of death in exercise of the right of private defence of property.

 Section  105 commencement and   continuance

Write comment has been a reasonable apprehension of danger the property commences. one can act before actual harm is done.

 section 106 deadly assault when there is service cut harm to innocent person.

 a is attacked by mob what times to murder him. he cannot effectively exercise is right without firing on mob and he cannot fire without risk of  harming