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Directions: Read the following passage and answer the question.
General Exceptions: Under Section 76 of the IPC, an act done by a person bound or by mistake of fact believing, himself to be bound by law is included. Nothing is an offence which is done by a person who is or by reason of a mistake of fact, not by mistake of law in good faith believes himself, to be, bound by law to do such act. It is derived from the legal maxim ignorantia facti doth excusat, ignorantia juris non excusat.
Under Section 79, act done by a person justified or by mistake of fact believing, himself justified, by law is included. Nothing is an offence which is done by any person who is justified by law, or who by reason of mistake of fact and not mistake of law in good faith, believes himself to be justified by law, in doing that particular act. Accident under Section 80, includes an 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.
Infancy - Sections 82 and 83
Section 82 includes an act of a child below seven years of age. Nothing is an offence which is done by a child under seven years of age. Suppose a child below seven years of age, pressed the trigger of the gun and caused the death of his father then, the child will not be liable. Section 83 includes an act of a child above seven and below twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not yet attained sufficient maturity of understanding to judge the nature and repercussions of his conduct during that occasion. For example, suppose a child of 10 years killed his father with a gun in the shadow of immaturity, he will not be liable if he has not attained maturity. Insanity under Section 84, is an Act of a person of unsound mind. Nothing is an offence which is done by a person who at that time of performing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.
[Source: Extracted with edits and revisions from General Exceptions under the IPC, https://blog.ipleaders.in/general-exception-under-ipc/]
Under Section 79, act done by a person justified or by mistake of fact believing, himself justified, by law is included. Nothing is an offence which is done by any person who is justified by law, or who by reason of mistake of fact and not mistake of law in good faith, believes himself to be justified by law, in doing that particular act. Accident under Section 80, includes an 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.
Infancy - Sections 82 and 83
Section 82 includes an act of a child below seven years of age. Nothing is an offence which is done by a child under seven years of age. Suppose a child below seven years of age, pressed the trigger of the gun and caused the death of his father then, the child will not be liable. Section 83 includes an act of a child above seven and below twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not yet attained sufficient maturity of understanding to judge the nature and repercussions of his conduct during that occasion. For example, suppose a child of 10 years killed his father with a gun in the shadow of immaturity, he will not be liable if he has not attained maturity. Insanity under Section 84, is an Act of a person of unsound mind. Nothing is an offence which is done by a person who at that time of performing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.
[Source: Extracted with edits and revisions from General Exceptions under the IPC, https://blog.ipleaders.in/general-exception-under-ipc/]
Q. Can the soldiers defend themselves against the case filed by human rights organizations after they followed orders to fire on a protesting crowd sent by the government to suppress dissent in response to a controversial new Act?
- a)The soldiers can claim defence under Section 76, as it was a case of mistake of facts.
- b)The soldiers cannot claim any defence as they violated human right laws.
- c)The soldiers cannot claim any defence as they were under mistake of law and not mistake of fact.
- d)The soldiers can claim defence under Section 76, as they were following orders.
Correct answer is option 'D'. Can you explain this answer?
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Most Upvoted Answer
Directions: Read the following passage and answer the question.General...
Understanding Section 76 of IPC
The situation involving soldiers firing on a protesting crowd raises complex legal questions, particularly under Section 76 of the Indian Penal Code (IPC). This section outlines that an act done by a person under a mistake of fact, believing themselves to be bound by law, is not an offence.
Application of Section 76
- Mistake of Fact: The soldiers may argue that they acted under a genuine belief that they were legally obliged to follow orders from the government.
- Good Faith: If the soldiers believed that their actions were justified based on the circumstances, this perception of lawful duty could serve as a defense.
Legal Implications
- Following Orders: Section 76 allows for the defense that the soldiers were following orders and believed these orders were lawful. If they can demonstrate that they acted in good faith under the impression they were bound by law, they may be able to invoke this section.
Human Rights Considerations
- Violation of Human Rights: While human rights organizations may argue that such actions are unlawful, Section 76 focuses on the soldiers’ belief in the legality of their actions rather than the moral or ethical implications.
Conclusion
Given these points, the soldiers can indeed claim a defense under Section 76, arguing that they were following orders and believed themselves to be acting lawfully, thus making option 'D' the correct answer. This highlights the importance of considering the context of actions and the beliefs held at the time they were executed.
The situation involving soldiers firing on a protesting crowd raises complex legal questions, particularly under Section 76 of the Indian Penal Code (IPC). This section outlines that an act done by a person under a mistake of fact, believing themselves to be bound by law, is not an offence.
Application of Section 76
- Mistake of Fact: The soldiers may argue that they acted under a genuine belief that they were legally obliged to follow orders from the government.
- Good Faith: If the soldiers believed that their actions were justified based on the circumstances, this perception of lawful duty could serve as a defense.
Legal Implications
- Following Orders: Section 76 allows for the defense that the soldiers were following orders and believed these orders were lawful. If they can demonstrate that they acted in good faith under the impression they were bound by law, they may be able to invoke this section.
Human Rights Considerations
- Violation of Human Rights: While human rights organizations may argue that such actions are unlawful, Section 76 focuses on the soldiers’ belief in the legality of their actions rather than the moral or ethical implications.
Conclusion
Given these points, the soldiers can indeed claim a defense under Section 76, arguing that they were following orders and believed themselves to be acting lawfully, thus making option 'D' the correct answer. This highlights the importance of considering the context of actions and the beliefs held at the time they were executed.
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Community Answer
Directions: Read the following passage and answer the question.General...
A person who, in good faith and due to a genuine mistake of fact, believes they are legally obligated to carry out an action cannot be held liable for an offense. In the case of the soldiers, as they were following orders from their commanding officer, they may assert a defense under Section 76.
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Directions: Read the following passage and answer the question.General Exceptions: Under Section 76 of the IPC, an act done by a person bound or by mistake of fact believing, himself to be bound by law is included. Nothing is an offence which is done by a person who is or by reason of a mistake of fact, not by mistake of law in good faith believes himself, to be, bound by law to do such act. It is derived from the legal maxim ignorantia facti doth excusat, ignorantia juris non excusat.Under Section 79, act done by a person justified or by mistake of fact believing, himself justified, by law is included. Nothing is an offence which is done by any person who is justified by law, or who by reason of mistake of fact and not mistake of law in good faith, believes himself to be justified by law, in doing that particular act. Accident under Section 80, includes an 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.Infancy - Sections 82 and 83Section 82 includes an act of a child below seven years of age. Nothing is an offence which is done by a child under seven years of age. Suppose a child below seven years of age, pressed the trigger of the gun and caused the death of his father then, the child will not be liable. Section 83 includes an act of a child above seven and below twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not yet attained sufficient maturity of understanding to judge the nature and repercussions of his conduct during that occasion. For example, suppose a child of 10 years killed his father with a gun in the shadow of immaturity, he will not be liable if he has not attained maturity. Insanity under Section 84, is an Act of a person of unsound mind. Nothing is an offence which is done by a person who at that time of performing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.[Source: Extracted with edits and revisions from General Exceptions under the IPC, https://blog.ipleaders.in/general-exception-under-ipc/]Q. Can the soldiers defend themselves against the case filed by human rights organizations after they followed orders to fire on a protesting crowd sent by the government to suppress dissent in response to a controversial new Act?a)The soldiers can claim defence under Section 76, as it was a case of mistake of facts.b)The soldiers cannot claim any defence as they violated human right laws.c)The soldiers cannot claim any defence as they were under mistake of law and not mistake of fact.d)The soldiers can claim defence under Section 76, as they were following orders.Correct answer is option 'D'. Can you explain this answer?
Question Description
Directions: Read the following passage and answer the question.General Exceptions: Under Section 76 of the IPC, an act done by a person bound or by mistake of fact believing, himself to be bound by law is included. Nothing is an offence which is done by a person who is or by reason of a mistake of fact, not by mistake of law in good faith believes himself, to be, bound by law to do such act. It is derived from the legal maxim ignorantia facti doth excusat, ignorantia juris non excusat.Under Section 79, act done by a person justified or by mistake of fact believing, himself justified, by law is included. Nothing is an offence which is done by any person who is justified by law, or who by reason of mistake of fact and not mistake of law in good faith, believes himself to be justified by law, in doing that particular act. Accident under Section 80, includes an 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.Infancy - Sections 82 and 83Section 82 includes an act of a child below seven years of age. Nothing is an offence which is done by a child under seven years of age. Suppose a child below seven years of age, pressed the trigger of the gun and caused the death of his father then, the child will not be liable. Section 83 includes an act of a child above seven and below twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not yet attained sufficient maturity of understanding to judge the nature and repercussions of his conduct during that occasion. For example, suppose a child of 10 years killed his father with a gun in the shadow of immaturity, he will not be liable if he has not attained maturity. Insanity under Section 84, is an Act of a person of unsound mind. Nothing is an offence which is done by a person who at that time of performing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.[Source: Extracted with edits and revisions from General Exceptions under the IPC, https://blog.ipleaders.in/general-exception-under-ipc/]Q. Can the soldiers defend themselves against the case filed by human rights organizations after they followed orders to fire on a protesting crowd sent by the government to suppress dissent in response to a controversial new Act?a)The soldiers can claim defence under Section 76, as it was a case of mistake of facts.b)The soldiers cannot claim any defence as they violated human right laws.c)The soldiers cannot claim any defence as they were under mistake of law and not mistake of fact.d)The soldiers can claim defence under Section 76, as they were following orders.Correct 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 Directions: Read the following passage and answer the question.General Exceptions: Under Section 76 of the IPC, an act done by a person bound or by mistake of fact believing, himself to be bound by law is included. Nothing is an offence which is done by a person who is or by reason of a mistake of fact, not by mistake of law in good faith believes himself, to be, bound by law to do such act. It is derived from the legal maxim ignorantia facti doth excusat, ignorantia juris non excusat.Under Section 79, act done by a person justified or by mistake of fact believing, himself justified, by law is included. Nothing is an offence which is done by any person who is justified by law, or who by reason of mistake of fact and not mistake of law in good faith, believes himself to be justified by law, in doing that particular act. Accident under Section 80, includes an 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.Infancy - Sections 82 and 83Section 82 includes an act of a child below seven years of age. Nothing is an offence which is done by a child under seven years of age. Suppose a child below seven years of age, pressed the trigger of the gun and caused the death of his father then, the child will not be liable. Section 83 includes an act of a child above seven and below twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not yet attained sufficient maturity of understanding to judge the nature and repercussions of his conduct during that occasion. For example, suppose a child of 10 years killed his father with a gun in the shadow of immaturity, he will not be liable if he has not attained maturity. Insanity under Section 84, is an Act of a person of unsound mind. Nothing is an offence which is done by a person who at that time of performing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.[Source: Extracted with edits and revisions from General Exceptions under the IPC, https://blog.ipleaders.in/general-exception-under-ipc/]Q. Can the soldiers defend themselves against the case filed by human rights organizations after they followed orders to fire on a protesting crowd sent by the government to suppress dissent in response to a controversial new Act?a)The soldiers can claim defence under Section 76, as it was a case of mistake of facts.b)The soldiers cannot claim any defence as they violated human right laws.c)The soldiers cannot claim any defence as they were under mistake of law and not mistake of fact.d)The soldiers can claim defence under Section 76, as they were following orders.Correct 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 Directions: Read the following passage and answer the question.General Exceptions: Under Section 76 of the IPC, an act done by a person bound or by mistake of fact believing, himself to be bound by law is included. Nothing is an offence which is done by a person who is or by reason of a mistake of fact, not by mistake of law in good faith believes himself, to be, bound by law to do such act. It is derived from the legal maxim ignorantia facti doth excusat, ignorantia juris non excusat.Under Section 79, act done by a person justified or by mistake of fact believing, himself justified, by law is included. Nothing is an offence which is done by any person who is justified by law, or who by reason of mistake of fact and not mistake of law in good faith, believes himself to be justified by law, in doing that particular act. Accident under Section 80, includes an 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.Infancy - Sections 82 and 83Section 82 includes an act of a child below seven years of age. Nothing is an offence which is done by a child under seven years of age. Suppose a child below seven years of age, pressed the trigger of the gun and caused the death of his father then, the child will not be liable. Section 83 includes an act of a child above seven and below twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not yet attained sufficient maturity of understanding to judge the nature and repercussions of his conduct during that occasion. For example, suppose a child of 10 years killed his father with a gun in the shadow of immaturity, he will not be liable if he has not attained maturity. Insanity under Section 84, is an Act of a person of unsound mind. Nothing is an offence which is done by a person who at that time of performing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.[Source: Extracted with edits and revisions from General Exceptions under the IPC, https://blog.ipleaders.in/general-exception-under-ipc/]Q. Can the soldiers defend themselves against the case filed by human rights organizations after they followed orders to fire on a protesting crowd sent by the government to suppress dissent in response to a controversial new Act?a)The soldiers can claim defence under Section 76, as it was a case of mistake of facts.b)The soldiers cannot claim any defence as they violated human right laws.c)The soldiers cannot claim any defence as they were under mistake of law and not mistake of fact.d)The soldiers can claim defence under Section 76, as they were following orders.Correct answer is option 'D'. Can you explain this answer?.
Directions: Read the following passage and answer the question.General Exceptions: Under Section 76 of the IPC, an act done by a person bound or by mistake of fact believing, himself to be bound by law is included. Nothing is an offence which is done by a person who is or by reason of a mistake of fact, not by mistake of law in good faith believes himself, to be, bound by law to do such act. It is derived from the legal maxim ignorantia facti doth excusat, ignorantia juris non excusat.Under Section 79, act done by a person justified or by mistake of fact believing, himself justified, by law is included. Nothing is an offence which is done by any person who is justified by law, or who by reason of mistake of fact and not mistake of law in good faith, believes himself to be justified by law, in doing that particular act. Accident under Section 80, includes an 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.Infancy - Sections 82 and 83Section 82 includes an act of a child below seven years of age. Nothing is an offence which is done by a child under seven years of age. Suppose a child below seven years of age, pressed the trigger of the gun and caused the death of his father then, the child will not be liable. Section 83 includes an act of a child above seven and below twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not yet attained sufficient maturity of understanding to judge the nature and repercussions of his conduct during that occasion. For example, suppose a child of 10 years killed his father with a gun in the shadow of immaturity, he will not be liable if he has not attained maturity. Insanity under Section 84, is an Act of a person of unsound mind. Nothing is an offence which is done by a person who at that time of performing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.[Source: Extracted with edits and revisions from General Exceptions under the IPC, https://blog.ipleaders.in/general-exception-under-ipc/]Q. Can the soldiers defend themselves against the case filed by human rights organizations after they followed orders to fire on a protesting crowd sent by the government to suppress dissent in response to a controversial new Act?a)The soldiers can claim defence under Section 76, as it was a case of mistake of facts.b)The soldiers cannot claim any defence as they violated human right laws.c)The soldiers cannot claim any defence as they were under mistake of law and not mistake of fact.d)The soldiers can claim defence under Section 76, as they were following orders.Correct 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 Directions: Read the following passage and answer the question.General Exceptions: Under Section 76 of the IPC, an act done by a person bound or by mistake of fact believing, himself to be bound by law is included. Nothing is an offence which is done by a person who is or by reason of a mistake of fact, not by mistake of law in good faith believes himself, to be, bound by law to do such act. It is derived from the legal maxim ignorantia facti doth excusat, ignorantia juris non excusat.Under Section 79, act done by a person justified or by mistake of fact believing, himself justified, by law is included. Nothing is an offence which is done by any person who is justified by law, or who by reason of mistake of fact and not mistake of law in good faith, believes himself to be justified by law, in doing that particular act. Accident under Section 80, includes an 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.Infancy - Sections 82 and 83Section 82 includes an act of a child below seven years of age. Nothing is an offence which is done by a child under seven years of age. Suppose a child below seven years of age, pressed the trigger of the gun and caused the death of his father then, the child will not be liable. Section 83 includes an act of a child above seven and below twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not yet attained sufficient maturity of understanding to judge the nature and repercussions of his conduct during that occasion. For example, suppose a child of 10 years killed his father with a gun in the shadow of immaturity, he will not be liable if he has not attained maturity. Insanity under Section 84, is an Act of a person of unsound mind. Nothing is an offence which is done by a person who at that time of performing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.[Source: Extracted with edits and revisions from General Exceptions under the IPC, https://blog.ipleaders.in/general-exception-under-ipc/]Q. Can the soldiers defend themselves against the case filed by human rights organizations after they followed orders to fire on a protesting crowd sent by the government to suppress dissent in response to a controversial new Act?a)The soldiers can claim defence under Section 76, as it was a case of mistake of facts.b)The soldiers cannot claim any defence as they violated human right laws.c)The soldiers cannot claim any defence as they were under mistake of law and not mistake of fact.d)The soldiers can claim defence under Section 76, as they were following orders.Correct 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 Directions: Read the following passage and answer the question.General Exceptions: Under Section 76 of the IPC, an act done by a person bound or by mistake of fact believing, himself to be bound by law is included. Nothing is an offence which is done by a person who is or by reason of a mistake of fact, not by mistake of law in good faith believes himself, to be, bound by law to do such act. It is derived from the legal maxim ignorantia facti doth excusat, ignorantia juris non excusat.Under Section 79, act done by a person justified or by mistake of fact believing, himself justified, by law is included. Nothing is an offence which is done by any person who is justified by law, or who by reason of mistake of fact and not mistake of law in good faith, believes himself to be justified by law, in doing that particular act. Accident under Section 80, includes an 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.Infancy - Sections 82 and 83Section 82 includes an act of a child below seven years of age. Nothing is an offence which is done by a child under seven years of age. Suppose a child below seven years of age, pressed the trigger of the gun and caused the death of his father then, the child will not be liable. Section 83 includes an act of a child above seven and below twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not yet attained sufficient maturity of understanding to judge the nature and repercussions of his conduct during that occasion. For example, suppose a child of 10 years killed his father with a gun in the shadow of immaturity, he will not be liable if he has not attained maturity. Insanity under Section 84, is an Act of a person of unsound mind. Nothing is an offence which is done by a person who at that time of performing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.[Source: Extracted with edits and revisions from General Exceptions under the IPC, https://blog.ipleaders.in/general-exception-under-ipc/]Q. Can the soldiers defend themselves against the case filed by human rights organizations after they followed orders to fire on a protesting crowd sent by the government to suppress dissent in response to a controversial new Act?a)The soldiers can claim defence under Section 76, as it was a case of mistake of facts.b)The soldiers cannot claim any defence as they violated human right laws.c)The soldiers cannot claim any defence as they were under mistake of law and not mistake of fact.d)The soldiers can claim defence under Section 76, as they were following orders.Correct answer is option 'D'. Can you explain this answer?.
Solutions for Directions: Read the following passage and answer the question.General Exceptions: Under Section 76 of the IPC, an act done by a person bound or by mistake of fact believing, himself to be bound by law is included. Nothing is an offence which is done by a person who is or by reason of a mistake of fact, not by mistake of law in good faith believes himself, to be, bound by law to do such act. It is derived from the legal maxim ignorantia facti doth excusat, ignorantia juris non excusat.Under Section 79, act done by a person justified or by mistake of fact believing, himself justified, by law is included. Nothing is an offence which is done by any person who is justified by law, or who by reason of mistake of fact and not mistake of law in good faith, believes himself to be justified by law, in doing that particular act. Accident under Section 80, includes an 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.Infancy - Sections 82 and 83Section 82 includes an act of a child below seven years of age. Nothing is an offence which is done by a child under seven years of age. Suppose a child below seven years of age, pressed the trigger of the gun and caused the death of his father then, the child will not be liable. Section 83 includes an act of a child above seven and below twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not yet attained sufficient maturity of understanding to judge the nature and repercussions of his conduct during that occasion. For example, suppose a child of 10 years killed his father with a gun in the shadow of immaturity, he will not be liable if he has not attained maturity. Insanity under Section 84, is an Act of a person of unsound mind. Nothing is an offence which is done by a person who at that time of performing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.[Source: Extracted with edits and revisions from General Exceptions under the IPC, https://blog.ipleaders.in/general-exception-under-ipc/]Q. Can the soldiers defend themselves against the case filed by human rights organizations after they followed orders to fire on a protesting crowd sent by the government to suppress dissent in response to a controversial new Act?a)The soldiers can claim defence under Section 76, as it was a case of mistake of facts.b)The soldiers cannot claim any defence as they violated human right laws.c)The soldiers cannot claim any defence as they were under mistake of law and not mistake of fact.d)The soldiers can claim defence under Section 76, as they were following orders.Correct answer is option 'D'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT.
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Here you can find the meaning of Directions: Read the following passage and answer the question.General Exceptions: Under Section 76 of the IPC, an act done by a person bound or by mistake of fact believing, himself to be bound by law is included. Nothing is an offence which is done by a person who is or by reason of a mistake of fact, not by mistake of law in good faith believes himself, to be, bound by law to do such act. It is derived from the legal maxim ignorantia facti doth excusat, ignorantia juris non excusat.Under Section 79, act done by a person justified or by mistake of fact believing, himself justified, by law is included. Nothing is an offence which is done by any person who is justified by law, or who by reason of mistake of fact and not mistake of law in good faith, believes himself to be justified by law, in doing that particular act. Accident under Section 80, includes an 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.Infancy - Sections 82 and 83Section 82 includes an act of a child below seven years of age. Nothing is an offence which is done by a child under seven years of age. Suppose a child below seven years of age, pressed the trigger of the gun and caused the death of his father then, the child will not be liable. Section 83 includes an act of a child above seven and below twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not yet attained sufficient maturity of understanding to judge the nature and repercussions of his conduct during that occasion. For example, suppose a child of 10 years killed his father with a gun in the shadow of immaturity, he will not be liable if he has not attained maturity. Insanity under Section 84, is an Act of a person of unsound mind. Nothing is an offence which is done by a person who at that time of performing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.[Source: Extracted with edits and revisions from General Exceptions under the IPC, https://blog.ipleaders.in/general-exception-under-ipc/]Q. Can the soldiers defend themselves against the case filed by human rights organizations after they followed orders to fire on a protesting crowd sent by the government to suppress dissent in response to a controversial new Act?a)The soldiers can claim defence under Section 76, as it was a case of mistake of facts.b)The soldiers cannot claim any defence as they violated human right laws.c)The soldiers cannot claim any defence as they were under mistake of law and not mistake of fact.d)The soldiers can claim defence under Section 76, as they were following orders.Correct answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of
Directions: Read the following passage and answer the question.General Exceptions: Under Section 76 of the IPC, an act done by a person bound or by mistake of fact believing, himself to be bound by law is included. Nothing is an offence which is done by a person who is or by reason of a mistake of fact, not by mistake of law in good faith believes himself, to be, bound by law to do such act. It is derived from the legal maxim ignorantia facti doth excusat, ignorantia juris non excusat.Under Section 79, act done by a person justified or by mistake of fact believing, himself justified, by law is included. Nothing is an offence which is done by any person who is justified by law, or who by reason of mistake of fact and not mistake of law in good faith, believes himself to be justified by law, in doing that particular act. Accident under Section 80, includes an 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.Infancy - Sections 82 and 83Section 82 includes an act of a child below seven years of age. Nothing is an offence which is done by a child under seven years of age. Suppose a child below seven years of age, pressed the trigger of the gun and caused the death of his father then, the child will not be liable. Section 83 includes an act of a child above seven and below twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not yet attained sufficient maturity of understanding to judge the nature and repercussions of his conduct during that occasion. For example, suppose a child of 10 years killed his father with a gun in the shadow of immaturity, he will not be liable if he has not attained maturity. Insanity under Section 84, is an Act of a person of unsound mind. Nothing is an offence which is done by a person who at that time of performing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.[Source: Extracted with edits and revisions from General Exceptions under the IPC, https://blog.ipleaders.in/general-exception-under-ipc/]Q. Can the soldiers defend themselves against the case filed by human rights organizations after they followed orders to fire on a protesting crowd sent by the government to suppress dissent in response to a controversial new Act?a)The soldiers can claim defence under Section 76, as it was a case of mistake of facts.b)The soldiers cannot claim any defence as they violated human right laws.c)The soldiers cannot claim any defence as they were under mistake of law and not mistake of fact.d)The soldiers can claim defence under Section 76, as they were following orders.Correct answer is option 'D'. Can you explain this answer?, a detailed solution for Directions: Read the following passage and answer the question.General Exceptions: Under Section 76 of the IPC, an act done by a person bound or by mistake of fact believing, himself to be bound by law is included. Nothing is an offence which is done by a person who is or by reason of a mistake of fact, not by mistake of law in good faith believes himself, to be, bound by law to do such act. It is derived from the legal maxim ignorantia facti doth excusat, ignorantia juris non excusat.Under Section 79, act done by a person justified or by mistake of fact believing, himself justified, by law is included. Nothing is an offence which is done by any person who is justified by law, or who by reason of mistake of fact and not mistake of law in good faith, believes himself to be justified by law, in doing that particular act. Accident under Section 80, includes an 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.Infancy - Sections 82 and 83Section 82 includes an act of a child below seven years of age. Nothing is an offence which is done by a child under seven years of age. Suppose a child below seven years of age, pressed the trigger of the gun and caused the death of his father then, the child will not be liable. Section 83 includes an act of a child above seven and below twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not yet attained sufficient maturity of understanding to judge the nature and repercussions of his conduct during that occasion. For example, suppose a child of 10 years killed his father with a gun in the shadow of immaturity, he will not be liable if he has not attained maturity. Insanity under Section 84, is an Act of a person of unsound mind. Nothing is an offence which is done by a person who at that time of performing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.[Source: Extracted with edits and revisions from General Exceptions under the IPC, https://blog.ipleaders.in/general-exception-under-ipc/]Q. Can the soldiers defend themselves against the case filed by human rights organizations after they followed orders to fire on a protesting crowd sent by the government to suppress dissent in response to a controversial new Act?a)The soldiers can claim defence under Section 76, as it was a case of mistake of facts.b)The soldiers cannot claim any defence as they violated human right laws.c)The soldiers cannot claim any defence as they were under mistake of law and not mistake of fact.d)The soldiers can claim defence under Section 76, as they were following orders.Correct answer is option 'D'. Can you explain this answer? has been provided alongside types of Directions: Read the following passage and answer the question.General Exceptions: Under Section 76 of the IPC, an act done by a person bound or by mistake of fact believing, himself to be bound by law is included. Nothing is an offence which is done by a person who is or by reason of a mistake of fact, not by mistake of law in good faith believes himself, to be, bound by law to do such act. It is derived from the legal maxim ignorantia facti doth excusat, ignorantia juris non excusat.Under Section 79, act done by a person justified or by mistake of fact believing, himself justified, by law is included. Nothing is an offence which is done by any person who is justified by law, or who by reason of mistake of fact and not mistake of law in good faith, believes himself to be justified by law, in doing that particular act. Accident under Section 80, includes an 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.Infancy - Sections 82 and 83Section 82 includes an act of a child below seven years of age. Nothing is an offence which is done by a child under seven years of age. Suppose a child below seven years of age, pressed the trigger of the gun and caused the death of his father then, the child will not be liable. Section 83 includes an act of a child above seven and below twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not yet attained sufficient maturity of understanding to judge the nature and repercussions of his conduct during that occasion. For example, suppose a child of 10 years killed his father with a gun in the shadow of immaturity, he will not be liable if he has not attained maturity. Insanity under Section 84, is an Act of a person of unsound mind. Nothing is an offence which is done by a person who at that time of performing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.[Source: Extracted with edits and revisions from General Exceptions under the IPC, https://blog.ipleaders.in/general-exception-under-ipc/]Q. Can the soldiers defend themselves against the case filed by human rights organizations after they followed orders to fire on a protesting crowd sent by the government to suppress dissent in response to a controversial new Act?a)The soldiers can claim defence under Section 76, as it was a case of mistake of facts.b)The soldiers cannot claim any defence as they violated human right laws.c)The soldiers cannot claim any defence as they were under mistake of law and not mistake of fact.d)The soldiers can claim defence under Section 76, as they were following orders.Correct answer is option 'D'. Can you explain this answer? theory, EduRev gives you an
ample number of questions to practice Directions: Read the following passage and answer the question.General Exceptions: Under Section 76 of the IPC, an act done by a person bound or by mistake of fact believing, himself to be bound by law is included. Nothing is an offence which is done by a person who is or by reason of a mistake of fact, not by mistake of law in good faith believes himself, to be, bound by law to do such act. It is derived from the legal maxim ignorantia facti doth excusat, ignorantia juris non excusat.Under Section 79, act done by a person justified or by mistake of fact believing, himself justified, by law is included. Nothing is an offence which is done by any person who is justified by law, or who by reason of mistake of fact and not mistake of law in good faith, believes himself to be justified by law, in doing that particular act. Accident under Section 80, includes an 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.Infancy - Sections 82 and 83Section 82 includes an act of a child below seven years of age. Nothing is an offence which is done by a child under seven years of age. Suppose a child below seven years of age, pressed the trigger of the gun and caused the death of his father then, the child will not be liable. Section 83 includes an act of a child above seven and below twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not yet attained sufficient maturity of understanding to judge the nature and repercussions of his conduct during that occasion. For example, suppose a child of 10 years killed his father with a gun in the shadow of immaturity, he will not be liable if he has not attained maturity. Insanity under Section 84, is an Act of a person of unsound mind. Nothing is an offence which is done by a person who at that time of performing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.[Source: Extracted with edits and revisions from General Exceptions under the IPC, https://blog.ipleaders.in/general-exception-under-ipc/]Q. Can the soldiers defend themselves against the case filed by human rights organizations after they followed orders to fire on a protesting crowd sent by the government to suppress dissent in response to a controversial new Act?a)The soldiers can claim defence under Section 76, as it was a case of mistake of facts.b)The soldiers cannot claim any defence as they violated human right laws.c)The soldiers cannot claim any defence as they were under mistake of law and not mistake of fact.d)The soldiers can claim defence under Section 76, as they were following orders.Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
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