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ARTICLE · 26 DECEMBER 2019

General Criminal Defences: Insanity, Infancy And Intoxication. Part-1

The criminal law covers various punishments for offences which vary from case to case. But it is not always necessary that a person gets punished for a crime which he/she had committed.

IndiaCriminal Law

 Actus Non Facit Reum Nisi Mens Sit Rea

The criminal law covers various punishments for offences which vary from case to case. But it is not always necessary that a person gets punished for a crime which he/she had committed. The Indian Penal Code (IPC), 1860  recognized certain 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.By tendering a legally recognized defence to a criminal conduct person can escape criminal liability. Some common defences of criminal law, such as insanity, infancy and intoxication are based on the defendant's lack of capacity to be held legally responsible. These defences depend upon the circumstances prevailing at that point of time, mensrea of person and reasonability of action of that accused.

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