intention, which no person of ordinary sense and temper would complain is not an offence. Intended to prevent penalization of offences trivial in nature – this harm has not been defined in the code. SC held that it would depend upon nature of injuries, position of parties, knowledge & intention while the offense is done and other circumstances.
7.Insanity (Sec. 84) Sec. 84 – Immunity to person of unsound mind. Cannot have the necessary mens rea to commit the crime Mc’Naughten’s Case:Questions – What are proper questions to be submitted to jury when an insane person, ischarged with commission of crime and insanity is set up as defense; Terms of jury w.r.t. theprisoner’s state of mind at the time when the act was committed.Answer – Insanity: At the time of doing the act; incapable of knowing the nature of act.Sec. 84 uses a more comprehensive term ‘unsoundness of mind’ instead of insanity
8.Intoxication (Sec. 85, 86) Sec. 85 – Intoxication caused against will – and act done by such intoxicated person incapable of knowing the nature of act.Sec. 86 – Intended act by intoxicated person – intoxication by will – intending to do act (a) and does (b) – would be liable for (b) as if it was the intent – if there was intoxication by will& accused must have some knowledge as if in sober state of mind.
9. Private Defense (Sec. 96 - 106) When act exceeds the degree of defence required, act is no more immune by private defence. No right of Private Defense when you have time to call the authorities – Subjective to case. S.96: Nothing is an offense done in Private Defense. S.97: To defend – own body/property, others body/property, any offense against human body, any act u/d theft, robbery, mischief, criminal trespass or attempt to commit any. S.98: Immunity to person with unsound mind. E.g. A; unsound; attempts to kill B; A not liable; B has all rights of self-defense. S.99: Act done by/Under direction of Public Officer – Right to private defense arises – if the act causes apprehension of death/grievous hurt to the rights of people. If no such
