Accident as a General Exception - Section 80 IPC

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An accident is a sudden unintended act or an act by chance without any apparent cause. It is considered a defence under criminal law. The principle revolves around the theory that when a person does not have mens rea, which is an essential element of a crime, he can’t be held liable for such an act.

Section 105 of the Indian Evidence Act, 1872 says that if a person alleges that his act was an accident and not a crime with the intention, then the burden of proof lies upon him to establish that his case falls under a general exception, namely accident as per section 80 of the Indian Penal Code.Read More →

Credibility of Evidence in a Rape Case

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Where the eyewitnesses account is found credible and trustworthy, a medical opinion pointing to the alternative possibilities cannot be accepted as conclusive.

So we can conclude that the court does not neglect any evidence. It considers all pieces of evidence put before it and relies on that which is worthy of credit and trust.Read More →