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VIKAS GARG (LAWYER)     17 February 2009

query 1 mens rea

there was one question in rajasthan judicial service exams that ----tell any offence (may be any act)  in ipc which have both actus reus and mens rea but still it is not punishable?
could u tell with reasons or if possible any authority..

i wrote    trivial matter (section 95)

my one friend wrote abduction

express ur view?


Learning

 4 Replies

PALNITKAR V.V. (Lawyer)     17 February 2009

Abduction is not correct answer. Sec.95 is good answer. Besides that acts done in exercise of right of private defence may also come in that category.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     17 February 2009

I do agree with Mr. Palnitker.

Mohit chawla (PRACTICE)     17 February 2009

Right of private defence (Section 96 to 106) are those offences where mens rea and actus rea are present but they are not punishable. where Section 95 enunciating Slight harms having same nature.

Sumita (Lawyer)     03 April 2009

i think its ans. is sec.497(IPC) "adultery"  in such case mens rea & actus reus is present but wife is not punishable as an abettor.


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