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