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Meripo Sowrya   18 January 2022

unintentional crimes

do unintentional crimes attract punishment by judiciary or they do what?


 2 Replies

Sangeetha Km   18 January 2022

Nothing is an offence which is done by accident or misfortune, without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution under section 80.

Anaita Vas   19 January 2022

As per Section 80 of The Indian Penal Code, nothing is an offense which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution. Illustration A is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there was no want of proper caution on the part of A, his act is excusable and not an offense.

One of the principles of Criminal law says that an act cannot be considered a crime when the mind of the person who has done the said act is innocent and not guilty. The fundamental principle of penal liability is based on a Latin maxim “Actus non facit reum nisi mens sit rea” which means “The Act and the Intent must concur to constitute a crime”. In simple words, it means an act done by a person will not be considered a crime unless it is done with a guilty mind. 

One of the most important ingredients of a crime is Mens rea i.e. an intention to do a wrongful act knowing the evil consequences of the same. There must be a mind at fault before commissioning an offense. In State of Maharashtra vs M.H. George, the Supreme Court held that criminal intent is a psychological fact that needs to be proved even with regards to offenses under special acts unless it’s specifically ruled out or ruled out by necessary implication. In State vs. Salauddin @ Raja & Anr. , the court held that Intention or knowledge is an essential ingredient for an offense under Section 307 IPC.

Intentional wrongs are punishable whereas an act is done without a dishonest intention or unintentionally then the person will not be held liable for the result of the act.  In other words, a person will not be punished under the law if the said act done by him was in good faith to either protect himself or to prevent harm to somebody else.

 

Regards,

Anaita Vas


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