What are the 4 elements of self-defense?
Four elements are required for self-defense: (1) an unprovoked attack, (2) which threatens imminent injury or death, and (3) an objectively reasonable degree of force, used in response to (4) an objectively reasonable fear of injury or death.
Is age an excuse defense?
In legal terms, it is referred to as a defence/defense of infancy, which is a form of defense known as an excuse so that defendants falling within the definition of an “infant” are excluded from criminal liability for their actions, if at the relevant time, they had not reached an age of criminal responsibility.
What is the age of child if he is to be exempted from criminal liability?
12
What are general exceptions?
The Indian Penal Code (IPC), 1860 recognizes defences in Chapter IV under “General Exceptions”. Section 76 to 106 covers these defences which are based on the presumption that a person is not liable for the crime committed.
What are the excusable exceptions?
Excusable are those which are the acts excused from criminal liability. Excuse is provided in certain cases where the accused was not possessing any inferable guilty mind at the time of commission of the act where the offence required the existence of mental element to complete the commission of crime.
What are the exceptions of crime?
Justifiable Exceptions: Those exceptions in which crimes committed are wrongful in normal conditions but due to different circumstances, it was considered to be tolerable and acceptable to everyone are said to be justifiable exceptions. They include: Judicial act.
When an Offence committed under threat is not considered as Defence?
94, offences committed under compulsion or threat by a person so compelled or threatened will be excused if the threat is to cause instant death of such person. However, a person so put under threat cannot cause murder or an offence against the State punishable with death (e.g. treason) to avail benefit of Sec.
What punishment may be awarded to the person whose act is covered under general exception?
Except murder, and offences against the state punishable with death, nothing is an offence which done by a person compelled to do it under threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence, provided the person doing the act did …
What is mistake of fact in IPC?
Mistake of fact arises when accused misunderstood some fact that negates an element of crime. Section 76 and 79 of IPC contains the provision of mistake of fact. Such mistake must be reasonable and must be of fact and not of law.
What is mistake of fact in law?
When a person uses a mistake of fact as a defense, he or she has little understanding as well as knowledge about the law at the time of the crime occurred. The person does not have an understanding of legal issues nor the intent of committing a crime or has a lack of awareness between right and wrong at that time.
Is ignorance a legal defense?
For most crimes, ignorance of the law is not a defense. Not knowing the law is simply not a defense for a criminal act in the vast majority of cases. The general principle that ignorance of the law is no excuse holds true for most cases. However, in some limited circumstances, ignorance of the law can be an excuse.