Indian penal code 1860 A brief summary

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apprehension/harm, no right; even if officers act not justifiable by law; he may be charged for this separately. S.100: When Private Defense extends to Death – Assault with: apprehension to death/grievous hurt; intention to rape/kidnapping/abduction/wrongfully confining etc. … S.101: If act not under sec. 100 – one can cause any harm other than death; voluntary causing of death extends to restricts under S.99. S.102: Right to Private Defense, till there is reasonable apprehension of danger to human body, not after that. S.103: Right of Private defense to property extends to causing death: robbery, breaking in at night, mischief by fire on any building or human dwelling, theft, mischief or house trespass. S.104: If act not under sec. 103 – one can cause any harm other than death; voluntary causing of death extends to restricts under S.99. S.105: Right to Private Defense, till there is reasonable apprehension of danger to the property, not after that. S.106: Right of Private Defense, against assault with apprehension of death, could run the risk of harm to innocent people. A is attacked by a mob with an attempt to murder him – he cannot exercise private defense unless he fires – many innocent in the mob could die – A commits no offense by doing so

Distinguishing common intention and common object Common Intention – Section 34 Ingredients: • Act (criminal) done by two or more persons • In furtherance of a common intention • Each liable as if done by him alone. 1. Meeting of Mind 2. PARTICIPATION is required for common intention.


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