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''The question is based on the reasoning and arguments or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law, other than the ones supplied to you and do not assume any facts, other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.''
Criminal liability has been defined as being responsible for a criminal act. It is an established principle of criminal law that no one should be convicted or held liable for a crime, unless some measure of subjective fault can be attributed to him.
This invariably means that such a person must not only actively perform the act (actus anus), but also possess the guilty intention (mens rea) required for the commission of such offence. These two elements are a sine qua non to the commission of any offence as failure to establish those elements leads to an acquittal.
However, it is not all acts that are to be punished. There are certain defences that the law provides which exculpate criminal liability. It is provided for in sections 76 to 106 of Indian Penal Code (IPC), 1860.
These defences are based on the fact that although the person committed an offence, he cannot be held criminally liable because as at the time the offence was committed, he was justified of his acts or he had no intention to commit such an offence.
Mistake of fact: This exception excludes a person from criminal liability where the person was mistaken as to the existence of some facts or ignorant of the existence of such facts.
Accident: This exception excludes a person from criminal liability where such acts occur as a result of an accident. This means that although the person performed the act, such act was devoid of an intention.
Essential elements: The act must be an accident or misfortune. The act was done without criminal intention or knowledge. It must be in the performance of a lawful act. It must be exercised in a lawful manner and by lawful means. Such an act must have been done with care and caution.
Infancy: According to Section 82 of IPC, nothing is an offence which is done by a child under seven years of age.
By virtue of Section 83 of IPC, a person under the age of twelve, but above the age of seven is not criminally liable for any offence committed, provided such child has not attained maturity of understanding to know that he ought not to do the act or make the omission.
When the child has attained maturity of understanding that he ought not to perform such an act, he becomes criminally liable.
Insanity: This exception excludes a person from criminal liability as a result of unsoundness of mind if, at the time of the commission of the offence, the person was incapable of knowing the nature of his acts and that his actions were wrong or contrary to law.
Intoxication: The provision for intoxication is stipulated under sections 85 and 86 of the IPC. The difference between these sections is that in the former, a person is intoxicated involuntarily. In the latter, a person is intoxicated voluntarily and he would be held liable for the tort.
Q. Rajiv, an environmentalist, went to Aravalli Hills for sprinkling a pesticide on a specific type of tree which was breeding a dangerous bacteria. He was doing the same during the afternoon. Bhola, a villager, was fetching woods from the forest. Rajiv was sprinkling pesticide with a pesticide gun. Unfortunately, the pesticide infused bullet reflected from a tree and caused harm to Bhola. Rajiv was held liable. Decide.
  • a)
    Rajiv would be held liable under criminal conspiracy.
  • b)
    Rajiv would be held liable under attempt to murder.
  • c)
    Rajiv would be held liable under mens rea.
  • d)
    None of the above
Correct answer is option 'D'. Can you explain this answer?
Verified Answer
The question is based on the reasoning and arguments or facts and prin...
Accident committed while doing a lawful act. 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. There is no criminal element i.e. the person must not only actively perform the act (actus anus), but also possess the guilty intention (mens rea) required for the commission of such offence. Thus, none of the above is the correct answer option.
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The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The offences of hurt and assault might sound similar, but there are some basic differences between them. While enacting these provisions, the authors of IPC deliberately kept these offences separate. This is because bodily hurt can take place even by acts which are not assaults. For example, a person may dig a hole and conceal it to make somebody fall and get hurt, but this is not an assault. According to Section 319, a person causes hurt if he causes bodily pain, disease or infirmity to somebody. In other words, the victim must suffer some physical harm or pain due to the actions of the offender.The main requirements of hurt are bodily pain, disease or infirmity. There are many ways in which this offence can take place. For example, a person may hit somebody or even poison him. If a person hits somebody without intention to cause his death, the offence of hurt will apply and not homicide. In this case, the act should be such that it is not likely to cause the victims death.When a person does an act with the intention of causing hurt to somebody or with the knowledge that he is likely to cause hurt, he is guilty of causing hurt voluntarily. When a person voluntarily causes hurt to somebody, the court can punish him with imprisonment up to 1 year. The court can also levy a fine of maximum Rs. 1,000 in addition to the imprisonment.Grievous hurt under Section 320 is basically an aggravated form of simple hurt under Section 319. The following eight kinds of hurt only can be grievous hurt: 1) Causing hurt by emasculation; 2) Permanent privation of ones eyesight; 3) Permanent privation of ones hearing; 4) Privation of ones members or joints; 5) Destruction or permanent impairing of the powers of ones members or joints; 6) Permanent disfiguration of ones head or face; 7) Fracturing or dislocating ones bones or teeth; 8) Causing any hurt which endangers ones life or causes him to suffer severe bodily pain for 20 days or makes him unable to follow his ordinary pursuits. Whenever hurt amounts to any of these eight kinds of injuries, it becomes grievous hurt. The prosecution or victim must be able to prove the existence of these injuries. If an offender intentionally and voluntarily causes grievous hurt, Section 325 punishes him with imprisonment up to 7 years. The punishment may also include a fine.Q.Mr X suffers from coronavirus. He has an arch-enemy Mr Y. He decides to go to his place and transmit the coronavirus to him. After this, Mr Y is also infected with coronavirus. Decide Mr Xs liability.

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The question is based on the reasoning and arguments or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law, other than the ones supplied to you and do not assume any facts, other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Criminal liability has been defined as being responsible for a criminal act. It is an established principle of criminal law that no one should be convicted or held liable for a crime, unless some measure of subjective fault can be attributed to him.This invariably means that such a person must not only actively perform the act (actus anus), but also possess the guilty intention (mens rea) required for the commission of such offence. These two elements are a sine qua non to the commission of any offence as failure to establish those elements leads to an acquittal.However, it is not all acts that are to be punished. There are certain defences that the law provides which exculpate criminal liability. It is provided for in sections 76 to 106 of Indian Penal Code (IPC), 1860.These defences are based on the fact that although the person committed an offence, he cannot be held criminally liable because as at the time the offence was committed, he was justified of his acts or he had no intention to commit such an offence.Mistake of fact: This exception excludes a person from criminal liability where the person was mistaken as to the existence of some facts or ignorant of the existence of such facts.Accident: This exception excludes a person from criminal liability where such acts occur as a result of an accident. This means that although the person performed the act, such act was devoid of an intention.Essential elements: The act must be an accident or misfortune. The act was done without criminal intention or knowledge. It must be in the performance of a lawful act. It must be exercised in a lawful manner and by lawful means. Such an act must have been done with care and caution.Infancy: According to Section 82 of IPC, nothing is an offence which is done by a child under seven years of age.By virtue of Section 83 of IPC, a person under the age of twelve, but above the age of seven is not criminally liable for any offence committed, provided such child has not attained maturity of understanding to know that he ought not to do the act or make the omission.When the child has attained maturity of understanding that he ought not to perform such an act, he becomes criminally liable.Insanity: This exception excludes a person from criminal liability as a result of unsoundness of mind if, at the time of the commission of the offence, the person was incapable of knowing the nature of his acts and that his actions were wrong or contrary to law.Intoxication: The provision for intoxication is stipulated under sections 85 and 86 of the IPC. The difference between these sections is that in the former, a person is intoxicated involuntarily. In the latter, a person is intoxicated voluntarily and he would be held liable for the tort.Q.Rajiv, an environmentalist, went to Aravalli Hills for sprinkling a pesticide on a specific type of tree which was breeding a dangerous bacteria. He was doing the same during the afternoon. Bhola, a villager, was fetching woods from the forest. Rajiv was sprinkling pesticide with a pesticide gun. Unfortunately, the pesticide infused bullet reflected from a tree and caused harm to Bhola. Rajiv was held liable. Decide.a)Rajiv would be held liable under criminal conspiracy.b)Rajiv would be held liable under attempt to murder.c)Rajiv would be held liable under mens rea.d)None of the aboveCorrect answer is option 'D'. Can you explain this answer?
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The question is based on the reasoning and arguments or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law, other than the ones supplied to you and do not assume any facts, other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Criminal liability has been defined as being responsible for a criminal act. It is an established principle of criminal law that no one should be convicted or held liable for a crime, unless some measure of subjective fault can be attributed to him.This invariably means that such a person must not only actively perform the act (actus anus), but also possess the guilty intention (mens rea) required for the commission of such offence. These two elements are a sine qua non to the commission of any offence as failure to establish those elements leads to an acquittal.However, it is not all acts that are to be punished. There are certain defences that the law provides which exculpate criminal liability. It is provided for in sections 76 to 106 of Indian Penal Code (IPC), 1860.These defences are based on the fact that although the person committed an offence, he cannot be held criminally liable because as at the time the offence was committed, he was justified of his acts or he had no intention to commit such an offence.Mistake of fact: This exception excludes a person from criminal liability where the person was mistaken as to the existence of some facts or ignorant of the existence of such facts.Accident: This exception excludes a person from criminal liability where such acts occur as a result of an accident. This means that although the person performed the act, such act was devoid of an intention.Essential elements: The act must be an accident or misfortune. The act was done without criminal intention or knowledge. It must be in the performance of a lawful act. It must be exercised in a lawful manner and by lawful means. Such an act must have been done with care and caution.Infancy: According to Section 82 of IPC, nothing is an offence which is done by a child under seven years of age.By virtue of Section 83 of IPC, a person under the age of twelve, but above the age of seven is not criminally liable for any offence committed, provided such child has not attained maturity of understanding to know that he ought not to do the act or make the omission.When the child has attained maturity of understanding that he ought not to perform such an act, he becomes criminally liable.Insanity: This exception excludes a person from criminal liability as a result of unsoundness of mind if, at the time of the commission of the offence, the person was incapable of knowing the nature of his acts and that his actions were wrong or contrary to law.Intoxication: The provision for intoxication is stipulated under sections 85 and 86 of the IPC. The difference between these sections is that in the former, a person is intoxicated involuntarily. In the latter, a person is intoxicated voluntarily and he would be held liable for the tort.Q.Rajiv, an environmentalist, went to Aravalli Hills for sprinkling a pesticide on a specific type of tree which was breeding a dangerous bacteria. He was doing the same during the afternoon. Bhola, a villager, was fetching woods from the forest. Rajiv was sprinkling pesticide with a pesticide gun. Unfortunately, the pesticide infused bullet reflected from a tree and caused harm to Bhola. Rajiv was held liable. Decide.a)Rajiv would be held liable under criminal conspiracy.b)Rajiv would be held liable under attempt to murder.c)Rajiv would be held liable under mens rea.d)None of the aboveCorrect answer is option 'D'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about The question is based on the reasoning and arguments or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law, other than the ones supplied to you and do not assume any facts, other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Criminal liability has been defined as being responsible for a criminal act. It is an established principle of criminal law that no one should be convicted or held liable for a crime, unless some measure of subjective fault can be attributed to him.This invariably means that such a person must not only actively perform the act (actus anus), but also possess the guilty intention (mens rea) required for the commission of such offence. These two elements are a sine qua non to the commission of any offence as failure to establish those elements leads to an acquittal.However, it is not all acts that are to be punished. There are certain defences that the law provides which exculpate criminal liability. It is provided for in sections 76 to 106 of Indian Penal Code (IPC), 1860.These defences are based on the fact that although the person committed an offence, he cannot be held criminally liable because as at the time the offence was committed, he was justified of his acts or he had no intention to commit such an offence.Mistake of fact: This exception excludes a person from criminal liability where the person was mistaken as to the existence of some facts or ignorant of the existence of such facts.Accident: This exception excludes a person from criminal liability where such acts occur as a result of an accident. This means that although the person performed the act, such act was devoid of an intention.Essential elements: The act must be an accident or misfortune. The act was done without criminal intention or knowledge. It must be in the performance of a lawful act. It must be exercised in a lawful manner and by lawful means. Such an act must have been done with care and caution.Infancy: According to Section 82 of IPC, nothing is an offence which is done by a child under seven years of age.By virtue of Section 83 of IPC, a person under the age of twelve, but above the age of seven is not criminally liable for any offence committed, provided such child has not attained maturity of understanding to know that he ought not to do the act or make the omission.When the child has attained maturity of understanding that he ought not to perform such an act, he becomes criminally liable.Insanity: This exception excludes a person from criminal liability as a result of unsoundness of mind if, at the time of the commission of the offence, the person was incapable of knowing the nature of his acts and that his actions were wrong or contrary to law.Intoxication: The provision for intoxication is stipulated under sections 85 and 86 of the IPC. The difference between these sections is that in the former, a person is intoxicated involuntarily. In the latter, a person is intoxicated voluntarily and he would be held liable for the tort.Q.Rajiv, an environmentalist, went to Aravalli Hills for sprinkling a pesticide on a specific type of tree which was breeding a dangerous bacteria. He was doing the same during the afternoon. Bhola, a villager, was fetching woods from the forest. Rajiv was sprinkling pesticide with a pesticide gun. Unfortunately, the pesticide infused bullet reflected from a tree and caused harm to Bhola. Rajiv was held liable. Decide.a)Rajiv would be held liable under criminal conspiracy.b)Rajiv would be held liable under attempt to murder.c)Rajiv would be held liable under mens rea.d)None of the aboveCorrect answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for The question is based on the reasoning and arguments or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law, other than the ones supplied to you and do not assume any facts, other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Criminal liability has been defined as being responsible for a criminal act. It is an established principle of criminal law that no one should be convicted or held liable for a crime, unless some measure of subjective fault can be attributed to him.This invariably means that such a person must not only actively perform the act (actus anus), but also possess the guilty intention (mens rea) required for the commission of such offence. These two elements are a sine qua non to the commission of any offence as failure to establish those elements leads to an acquittal.However, it is not all acts that are to be punished. There are certain defences that the law provides which exculpate criminal liability. It is provided for in sections 76 to 106 of Indian Penal Code (IPC), 1860.These defences are based on the fact that although the person committed an offence, he cannot be held criminally liable because as at the time the offence was committed, he was justified of his acts or he had no intention to commit such an offence.Mistake of fact: This exception excludes a person from criminal liability where the person was mistaken as to the existence of some facts or ignorant of the existence of such facts.Accident: This exception excludes a person from criminal liability where such acts occur as a result of an accident. This means that although the person performed the act, such act was devoid of an intention.Essential elements: The act must be an accident or misfortune. The act was done without criminal intention or knowledge. It must be in the performance of a lawful act. It must be exercised in a lawful manner and by lawful means. Such an act must have been done with care and caution.Infancy: According to Section 82 of IPC, nothing is an offence which is done by a child under seven years of age.By virtue of Section 83 of IPC, a person under the age of twelve, but above the age of seven is not criminally liable for any offence committed, provided such child has not attained maturity of understanding to know that he ought not to do the act or make the omission.When the child has attained maturity of understanding that he ought not to perform such an act, he becomes criminally liable.Insanity: This exception excludes a person from criminal liability as a result of unsoundness of mind if, at the time of the commission of the offence, the person was incapable of knowing the nature of his acts and that his actions were wrong or contrary to law.Intoxication: The provision for intoxication is stipulated under sections 85 and 86 of the IPC. The difference between these sections is that in the former, a person is intoxicated involuntarily. In the latter, a person is intoxicated voluntarily and he would be held liable for the tort.Q.Rajiv, an environmentalist, went to Aravalli Hills for sprinkling a pesticide on a specific type of tree which was breeding a dangerous bacteria. He was doing the same during the afternoon. Bhola, a villager, was fetching woods from the forest. Rajiv was sprinkling pesticide with a pesticide gun. Unfortunately, the pesticide infused bullet reflected from a tree and caused harm to Bhola. Rajiv was held liable. Decide.a)Rajiv would be held liable under criminal conspiracy.b)Rajiv would be held liable under attempt to murder.c)Rajiv would be held liable under mens rea.d)None of the aboveCorrect answer is option 'D'. Can you explain this answer?.
Solutions for The question is based on the reasoning and arguments or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law, other than the ones supplied to you and do not assume any facts, other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Criminal liability has been defined as being responsible for a criminal act. It is an established principle of criminal law that no one should be convicted or held liable for a crime, unless some measure of subjective fault can be attributed to him.This invariably means that such a person must not only actively perform the act (actus anus), but also possess the guilty intention (mens rea) required for the commission of such offence. These two elements are a sine qua non to the commission of any offence as failure to establish those elements leads to an acquittal.However, it is not all acts that are to be punished. There are certain defences that the law provides which exculpate criminal liability. It is provided for in sections 76 to 106 of Indian Penal Code (IPC), 1860.These defences are based on the fact that although the person committed an offence, he cannot be held criminally liable because as at the time the offence was committed, he was justified of his acts or he had no intention to commit such an offence.Mistake of fact: This exception excludes a person from criminal liability where the person was mistaken as to the existence of some facts or ignorant of the existence of such facts.Accident: This exception excludes a person from criminal liability where such acts occur as a result of an accident. This means that although the person performed the act, such act was devoid of an intention.Essential elements: The act must be an accident or misfortune. The act was done without criminal intention or knowledge. It must be in the performance of a lawful act. It must be exercised in a lawful manner and by lawful means. Such an act must have been done with care and caution.Infancy: According to Section 82 of IPC, nothing is an offence which is done by a child under seven years of age.By virtue of Section 83 of IPC, a person under the age of twelve, but above the age of seven is not criminally liable for any offence committed, provided such child has not attained maturity of understanding to know that he ought not to do the act or make the omission.When the child has attained maturity of understanding that he ought not to perform such an act, he becomes criminally liable.Insanity: This exception excludes a person from criminal liability as a result of unsoundness of mind if, at the time of the commission of the offence, the person was incapable of knowing the nature of his acts and that his actions were wrong or contrary to law.Intoxication: The provision for intoxication is stipulated under sections 85 and 86 of the IPC. The difference between these sections is that in the former, a person is intoxicated involuntarily. In the latter, a person is intoxicated voluntarily and he would be held liable for the tort.Q.Rajiv, an environmentalist, went to Aravalli Hills for sprinkling a pesticide on a specific type of tree which was breeding a dangerous bacteria. He was doing the same during the afternoon. Bhola, a villager, was fetching woods from the forest. Rajiv was sprinkling pesticide with a pesticide gun. Unfortunately, the pesticide infused bullet reflected from a tree and caused harm to Bhola. Rajiv was held liable. Decide.a)Rajiv would be held liable under criminal conspiracy.b)Rajiv would be held liable under attempt to murder.c)Rajiv would be held liable under mens rea.d)None of the aboveCorrect answer is option 'D'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of The question is based on the reasoning and arguments or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law, other than the ones supplied to you and do not assume any facts, other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Criminal liability has been defined as being responsible for a criminal act. It is an established principle of criminal law that no one should be convicted or held liable for a crime, unless some measure of subjective fault can be attributed to him.This invariably means that such a person must not only actively perform the act (actus anus), but also possess the guilty intention (mens rea) required for the commission of such offence. These two elements are a sine qua non to the commission of any offence as failure to establish those elements leads to an acquittal.However, it is not all acts that are to be punished. There are certain defences that the law provides which exculpate criminal liability. It is provided for in sections 76 to 106 of Indian Penal Code (IPC), 1860.These defences are based on the fact that although the person committed an offence, he cannot be held criminally liable because as at the time the offence was committed, he was justified of his acts or he had no intention to commit such an offence.Mistake of fact: This exception excludes a person from criminal liability where the person was mistaken as to the existence of some facts or ignorant of the existence of such facts.Accident: This exception excludes a person from criminal liability where such acts occur as a result of an accident. This means that although the person performed the act, such act was devoid of an intention.Essential elements: The act must be an accident or misfortune. The act was done without criminal intention or knowledge. It must be in the performance of a lawful act. It must be exercised in a lawful manner and by lawful means. Such an act must have been done with care and caution.Infancy: According to Section 82 of IPC, nothing is an offence which is done by a child under seven years of age.By virtue of Section 83 of IPC, a person under the age of twelve, but above the age of seven is not criminally liable for any offence committed, provided such child has not attained maturity of understanding to know that he ought not to do the act or make the omission.When the child has attained maturity of understanding that he ought not to perform such an act, he becomes criminally liable.Insanity: This exception excludes a person from criminal liability as a result of unsoundness of mind if, at the time of the commission of the offence, the person was incapable of knowing the nature of his acts and that his actions were wrong or contrary to law.Intoxication: The provision for intoxication is stipulated under sections 85 and 86 of the IPC. The difference between these sections is that in the former, a person is intoxicated involuntarily. In the latter, a person is intoxicated voluntarily and he would be held liable for the tort.Q.Rajiv, an environmentalist, went to Aravalli Hills for sprinkling a pesticide on a specific type of tree which was breeding a dangerous bacteria. He was doing the same during the afternoon. Bhola, a villager, was fetching woods from the forest. Rajiv was sprinkling pesticide with a pesticide gun. Unfortunately, the pesticide infused bullet reflected from a tree and caused harm to Bhola. Rajiv was held liable. Decide.a)Rajiv would be held liable under criminal conspiracy.b)Rajiv would be held liable under attempt to murder.c)Rajiv would be held liable under mens rea.d)None of the aboveCorrect answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of The question is based on the reasoning and arguments or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law, other than the ones supplied to you and do not assume any facts, other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Criminal liability has been defined as being responsible for a criminal act. It is an established principle of criminal law that no one should be convicted or held liable for a crime, unless some measure of subjective fault can be attributed to him.This invariably means that such a person must not only actively perform the act (actus anus), but also possess the guilty intention (mens rea) required for the commission of such offence. These two elements are a sine qua non to the commission of any offence as failure to establish those elements leads to an acquittal.However, it is not all acts that are to be punished. There are certain defences that the law provides which exculpate criminal liability. It is provided for in sections 76 to 106 of Indian Penal Code (IPC), 1860.These defences are based on the fact that although the person committed an offence, he cannot be held criminally liable because as at the time the offence was committed, he was justified of his acts or he had no intention to commit such an offence.Mistake of fact: This exception excludes a person from criminal liability where the person was mistaken as to the existence of some facts or ignorant of the existence of such facts.Accident: This exception excludes a person from criminal liability where such acts occur as a result of an accident. This means that although the person performed the act, such act was devoid of an intention.Essential elements: The act must be an accident or misfortune. The act was done without criminal intention or knowledge. It must be in the performance of a lawful act. It must be exercised in a lawful manner and by lawful means. Such an act must have been done with care and caution.Infancy: According to Section 82 of IPC, nothing is an offence which is done by a child under seven years of age.By virtue of Section 83 of IPC, a person under the age of twelve, but above the age of seven is not criminally liable for any offence committed, provided such child has not attained maturity of understanding to know that he ought not to do the act or make the omission.When the child has attained maturity of understanding that he ought not to perform such an act, he becomes criminally liable.Insanity: This exception excludes a person from criminal liability as a result of unsoundness of mind if, at the time of the commission of the offence, the person was incapable of knowing the nature of his acts and that his actions were wrong or contrary to law.Intoxication: The provision for intoxication is stipulated under sections 85 and 86 of the IPC. The difference between these sections is that in the former, a person is intoxicated involuntarily. In the latter, a person is intoxicated voluntarily and he would be held liable for the tort.Q.Rajiv, an environmentalist, went to Aravalli Hills for sprinkling a pesticide on a specific type of tree which was breeding a dangerous bacteria. He was doing the same during the afternoon. Bhola, a villager, was fetching woods from the forest. Rajiv was sprinkling pesticide with a pesticide gun. Unfortunately, the pesticide infused bullet reflected from a tree and caused harm to Bhola. Rajiv was held liable. Decide.a)Rajiv would be held liable under criminal conspiracy.b)Rajiv would be held liable under attempt to murder.c)Rajiv would be held liable under mens rea.d)None of the aboveCorrect answer is option 'D'. Can you explain this answer?, a detailed solution for The question is based on the reasoning and arguments or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law, other than the ones supplied to you and do not assume any facts, other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Criminal liability has been defined as being responsible for a criminal act. It is an established principle of criminal law that no one should be convicted or held liable for a crime, unless some measure of subjective fault can be attributed to him.This invariably means that such a person must not only actively perform the act (actus anus), but also possess the guilty intention (mens rea) required for the commission of such offence. These two elements are a sine qua non to the commission of any offence as failure to establish those elements leads to an acquittal.However, it is not all acts that are to be punished. There are certain defences that the law provides which exculpate criminal liability. It is provided for in sections 76 to 106 of Indian Penal Code (IPC), 1860.These defences are based on the fact that although the person committed an offence, he cannot be held criminally liable because as at the time the offence was committed, he was justified of his acts or he had no intention to commit such an offence.Mistake of fact: This exception excludes a person from criminal liability where the person was mistaken as to the existence of some facts or ignorant of the existence of such facts.Accident: This exception excludes a person from criminal liability where such acts occur as a result of an accident. This means that although the person performed the act, such act was devoid of an intention.Essential elements: The act must be an accident or misfortune. The act was done without criminal intention or knowledge. It must be in the performance of a lawful act. It must be exercised in a lawful manner and by lawful means. Such an act must have been done with care and caution.Infancy: According to Section 82 of IPC, nothing is an offence which is done by a child under seven years of age.By virtue of Section 83 of IPC, a person under the age of twelve, but above the age of seven is not criminally liable for any offence committed, provided such child has not attained maturity of understanding to know that he ought not to do the act or make the omission.When the child has attained maturity of understanding that he ought not to perform such an act, he becomes criminally liable.Insanity: This exception excludes a person from criminal liability as a result of unsoundness of mind if, at the time of the commission of the offence, the person was incapable of knowing the nature of his acts and that his actions were wrong or contrary to law.Intoxication: The provision for intoxication is stipulated under sections 85 and 86 of the IPC. The difference between these sections is that in the former, a person is intoxicated involuntarily. In the latter, a person is intoxicated voluntarily and he would be held liable for the tort.Q.Rajiv, an environmentalist, went to Aravalli Hills for sprinkling a pesticide on a specific type of tree which was breeding a dangerous bacteria. He was doing the same during the afternoon. Bhola, a villager, was fetching woods from the forest. Rajiv was sprinkling pesticide with a pesticide gun. Unfortunately, the pesticide infused bullet reflected from a tree and caused harm to Bhola. Rajiv was held liable. Decide.a)Rajiv would be held liable under criminal conspiracy.b)Rajiv would be held liable under attempt to murder.c)Rajiv would be held liable under mens rea.d)None of the aboveCorrect answer is option 'D'. Can you explain this answer? has been provided alongside types of The question is based on the reasoning and arguments or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law, other than the ones supplied to you and do not assume any facts, other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Criminal liability has been defined as being responsible for a criminal act. It is an established principle of criminal law that no one should be convicted or held liable for a crime, unless some measure of subjective fault can be attributed to him.This invariably means that such a person must not only actively perform the act (actus anus), but also possess the guilty intention (mens rea) required for the commission of such offence. These two elements are a sine qua non to the commission of any offence as failure to establish those elements leads to an acquittal.However, it is not all acts that are to be punished. There are certain defences that the law provides which exculpate criminal liability. It is provided for in sections 76 to 106 of Indian Penal Code (IPC), 1860.These defences are based on the fact that although the person committed an offence, he cannot be held criminally liable because as at the time the offence was committed, he was justified of his acts or he had no intention to commit such an offence.Mistake of fact: This exception excludes a person from criminal liability where the person was mistaken as to the existence of some facts or ignorant of the existence of such facts.Accident: This exception excludes a person from criminal liability where such acts occur as a result of an accident. This means that although the person performed the act, such act was devoid of an intention.Essential elements: The act must be an accident or misfortune. The act was done without criminal intention or knowledge. It must be in the performance of a lawful act. It must be exercised in a lawful manner and by lawful means. Such an act must have been done with care and caution.Infancy: According to Section 82 of IPC, nothing is an offence which is done by a child under seven years of age.By virtue of Section 83 of IPC, a person under the age of twelve, but above the age of seven is not criminally liable for any offence committed, provided such child has not attained maturity of understanding to know that he ought not to do the act or make the omission.When the child has attained maturity of understanding that he ought not to perform such an act, he becomes criminally liable.Insanity: This exception excludes a person from criminal liability as a result of unsoundness of mind if, at the time of the commission of the offence, the person was incapable of knowing the nature of his acts and that his actions were wrong or contrary to law.Intoxication: The provision for intoxication is stipulated under sections 85 and 86 of the IPC. The difference between these sections is that in the former, a person is intoxicated involuntarily. In the latter, a person is intoxicated voluntarily and he would be held liable for the tort.Q.Rajiv, an environmentalist, went to Aravalli Hills for sprinkling a pesticide on a specific type of tree which was breeding a dangerous bacteria. He was doing the same during the afternoon. Bhola, a villager, was fetching woods from the forest. Rajiv was sprinkling pesticide with a pesticide gun. Unfortunately, the pesticide infused bullet reflected from a tree and caused harm to Bhola. Rajiv was held liable. Decide.a)Rajiv would be held liable under criminal conspiracy.b)Rajiv would be held liable under attempt to murder.c)Rajiv would be held liable under mens rea.d)None of the aboveCorrect answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice The question is based on the reasoning and arguments or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law, other than the ones supplied to you and do not assume any facts, other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Criminal liability has been defined as being responsible for a criminal act. It is an established principle of criminal law that no one should be convicted or held liable for a crime, unless some measure of subjective fault can be attributed to him.This invariably means that such a person must not only actively perform the act (actus anus), but also possess the guilty intention (mens rea) required for the commission of such offence. These two elements are a sine qua non to the commission of any offence as failure to establish those elements leads to an acquittal.However, it is not all acts that are to be punished. There are certain defences that the law provides which exculpate criminal liability. It is provided for in sections 76 to 106 of Indian Penal Code (IPC), 1860.These defences are based on the fact that although the person committed an offence, he cannot be held criminally liable because as at the time the offence was committed, he was justified of his acts or he had no intention to commit such an offence.Mistake of fact: This exception excludes a person from criminal liability where the person was mistaken as to the existence of some facts or ignorant of the existence of such facts.Accident: This exception excludes a person from criminal liability where such acts occur as a result of an accident. This means that although the person performed the act, such act was devoid of an intention.Essential elements: The act must be an accident or misfortune. The act was done without criminal intention or knowledge. It must be in the performance of a lawful act. It must be exercised in a lawful manner and by lawful means. Such an act must have been done with care and caution.Infancy: According to Section 82 of IPC, nothing is an offence which is done by a child under seven years of age.By virtue of Section 83 of IPC, a person under the age of twelve, but above the age of seven is not criminally liable for any offence committed, provided such child has not attained maturity of understanding to know that he ought not to do the act or make the omission.When the child has attained maturity of understanding that he ought not to perform such an act, he becomes criminally liable.Insanity: This exception excludes a person from criminal liability as a result of unsoundness of mind if, at the time of the commission of the offence, the person was incapable of knowing the nature of his acts and that his actions were wrong or contrary to law.Intoxication: The provision for intoxication is stipulated under sections 85 and 86 of the IPC. The difference between these sections is that in the former, a person is intoxicated involuntarily. In the latter, a person is intoxicated voluntarily and he would be held liable for the tort.Q.Rajiv, an environmentalist, went to Aravalli Hills for sprinkling a pesticide on a specific type of tree which was breeding a dangerous bacteria. He was doing the same during the afternoon. Bhola, a villager, was fetching woods from the forest. Rajiv was sprinkling pesticide with a pesticide gun. Unfortunately, the pesticide infused bullet reflected from a tree and caused harm to Bhola. Rajiv was held liable. Decide.a)Rajiv would be held liable under criminal conspiracy.b)Rajiv would be held liable under attempt to murder.c)Rajiv would be held liable under mens rea.d)None of the aboveCorrect answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
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