In a general sense, defence means to protect from something. The right of private defence under the Indian Penal Code is a defence which a person exercises to protect one’s or other’s body and property.
The defence is available as a shield to protect and not to commute offence in the name of defence. This right is available to a person only when he has no other option than protecting himself or herself. It is not an absolute right. It also has some restrictions and limitations.
India is a developing country, but still, rape is a persisting problem at present. Rape is a mark of disgrace that has existed in India for a long time.
According to data from the National Crime Records Bureau (NCRB), a total of 32,559 incidents of rape were reported during 2017, which rose to 33,356 cases in the year 2018. Also, 91 rapes were reported every single day across the country in 2018. These are just the cases that are registered.
The terms mentioned below are the legal glossary of the Indian Penal Code, 1860. All these words and phrases have to be understood in concern to the provisions mentioned in the IPC. These are essential for all law exams and legal life in general.
1. Intra Territorial- Any offence for which a person is liable within India.
2. Extra Territorial- Any offence for which a person is subject to Indian law, tried outside India.
In all robbery, there is either theft committed or extortion. It is an advanced stage of any act of theft or extortion. When some elements combine with the essentials of theft or extortion, it becomes robbery.
When there are five or more persons who jointly commit the act of robbery or attempt to commit robbery, they are liable for the act of dacoity.
Section 34 of the Indian Penal Code lays down the principle of joint criminal liability.
Common intention is a pre-arranged plan or prior meeting of minds before the commitment of the act. ‘Common’ means something which everyone has in the same proportion. Their object, motive, or target is common.
Extortion is defined in section 383, chapter XVII of the Indian Penal Code. It is an offence against property. To understand what amounts to extortion, certain essential elements are required to be fulfilled.
Any person who commits an offence of extortion shall be punished for imprisonment up to three years or fine or both. It is a cognizable and non-bailable offence.
Section 85 and section 86 of the Indian Penal Code deal with the general defence to a person who commits an offence under intoxication.
Section 85 of IPC exempts a person from punishment provided that he committed the crime under the influence of intoxication where he had been intoxicated without his knowledge and against his will – that is involuntary intoxication.
Adultery is an offence in section 497 of the Indian Penal Code. It is an offence committed against the husband because a wife can’t be punished for the offence of adultery under this section.
Any person who commits the offence of adultery shall be punished for imprisonment up to five years or fine or with both. The offence is non-cognizable and bailable. It is a compoundable offence.
Section 299 of the Indian Penal code talks about culpable homicide and section 300 of IPC deals with murder.
There is a faint line difference between both of them. This frequently causes problem to advocates, legal practitioners that where to lie the case, if not minutely understood this difference.
A the master and B the servant, are being jointly tried for the murder of X and also after that for having made away with the dead body to hide and crime (Section 302 and 201 IPC).
B confesses about the crime during the trial.
Is this confession relevant against A? Give reasons for or against.