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Section 319- 323 of ipc 1860

(Querist) 08 July 2013 This query is : Resolved 
I humbly seek your advise on the query mentioned as under:-

1.if hurt is actually caused but the intention was to cause grievous hurt what is the liability.
2.if grievous hurt is actually caused but the intention was to cause hurt what is the liability.
3.In case of hurt or grievous hurt both the conditions of mens rea and actus reus should be present or if one of the condition is present even then the guilty will be liable.


Regards

sanket singla
Advocate Ramesh (Expert) 09 July 2013
Academic query. In section itself clearly says about what is hurt and what is grievous hurt. So as for your query number 1 regards even though the intention was to cause grievous hurt, the liability of hurt only.similarly for the query number 2. as for as your third query consent mens rea is must for the accused is liable to punish.
Raj Kumar Makkad (Expert) 10 July 2013
Why do you want to discuss this academic query on this particular section of LCI instead of Forum section?
Guest (Expert) 10 July 2013
Do you really intend to hurt someone?

Better post your real problem, if any is there.
Sudhir Kumar, Advocate (Expert) 25 July 2013
academic query on mens-rea

please consult mehboob sha v/s crown taught in llb.


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