Tag: intent

CRIMINAL LAWSupreme Court

Supreme Court: Scolding Not Abetment to Suicide, Discharges School Official Under Section 306 IPC

The instance of the Thangavel Vs. The State, Through Inspector Of Police & Anr., A school official, Thangavel, was charged with abetment of suicide when the child committed suicide, after receiving a scolding on his poor behavior on a report made by one of his fellows. The Supreme Court had to think whether the scolding was an act of criminal abetment under Section 306 IPC (now Section 108 BNS). The Court referred to the action of Thangavel as reasonable use of disciplinary power without personal hostility and intent to make suicide.

byCharvi
CRIMINAL LAW

Section 25 of the Bharatiya Nyaya Sanhita 2023 Addresses Acts Causing Harm Done with Consent Without Intent to Cause Death or Grievous Hurt

Section 25 of the Bharatiya Nyaya Sanhita, 2023, stipulates that an act not intended or known to likely cause death or grievous hurt is not an offense if the person harmed is over eighteen and has consented to the risk. For example, if two adults agree to fence for amusement and one is injured without foul play, no offense is committed.

byLegal Maestros
CRIMINAL LAW

Section 24 of the Bharatiya Nyaya Sanhita 2023 Holds Individuals Accountable for Offenses Requiring Intent or Knowledge Committed While Intoxicated

Section 24 of the Bharatiya Nyaya Sanhita, 2023, addresses the issue of criminal liability in cases where an offense requires specific intent or knowledge, and the act is committed under intoxication. According to this provision, if an individual voluntarily becomes intoxicated and commits such an offense, they are held legally responsible as if they possessed the required intent or knowledge, regardless of their impaired state. However, if the intoxication was involuntary—meaning the substance was administered without their knowledge or against their will—this may serve as a defense, acknowledging that the individual lacked the capacity to form the necessary intent or knowledge due to the involuntary intoxication.

byLegal Maestros
CRIMINAL LAW

Section 18 of Bhartiya Nyaya Sanhita 2023 No Criminal Liability for Lawful Acts Resulting in Accidents

Section 18 of Bhartiya Nyaya Sanhita 2023 is a significant provision which recognizes the fact that sometimes accidents can take place even if the person behaves legally and responsibly. By extending legal protection under such circumstances, the law sees to it that innocent people are not unjustly penalized for the unintended acts. But it does so at the same time while ensuring that persons who act negligently or wantonly are also brought to justice.

byLegal Maestros
CRIMINAL LAW

Protection for Actions Justified by Law or Mistake of Fact in Good Faith under Section 17 of the Bhartiya Nyaya Sanhita 2023

Section 17 of the Bhartiya Nyaya Sanhita 2023 makes sure that no one is unjustly punished who acts in pursuance of justification in law or in good faith in reasonable mistake of fact. It safeguards law enforcement officers, security officers, and common citizens who might get caught off guard in circumstances under which they have to make quick decisions based on information available to them. But this protection does not extend to individuals who act with negligence or abuse the law for self-interest. By balancing legal protection and responsibility, this provision ensures that fairness prevails in the justice system.

byLegal Maestros