3. Accident (sec. 80) Essentials are- Act must be done by accident, without criminal knowledge or intention, act must be a lawful act in lawful manner and lawful means, Act must be done with due care and attention
4. Necessity (sec.81) •
Act must be done to preventing a bigger harm Essentials are- Act must be done by accident, without criminal knowledge or Intention, act done by good faith, minor harm for preventing a major harm
5. Infancy (sec. 82,83) • •
Act of a child under 7 years of age is not an offence ( Doli in capax) (sec.82) It is a conclusive proof and irrebuttable presumption Act of a child having 7-12 years of immature understanding (sec.83) He must not have legal maturity
Common Intention and Common Object. (Sec 34, 149) Sec. 34: When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone. Sec. 149: If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members or that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence
5.Without Consent (Sec. 92) Sec. 92 – Act done – good faith, for benefit of person – even without consent – when it is impossible to obtain one or person is incapable of giving – not possible to obtain consent from guardian in that time – if it causes any harm – person doing it is not liable – provided: • Not intentional causing/attempting of death. • Not to any other act which would lead to death/grievous hurt other than preventing them or curing any disease/infirmity. • Not to voluntary causing/attempting to cause grievous hurt unless preventing/curing. • Not to the committing of any offence abetted.
6. Trifles ( de minimis non curat lex ) (Sec. 95) Sec. 95 – Act causing slight harm, whether done by mistake, with knowledge or with clear
