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General Defences Video Lecture | Legal Reasoning for CLAT
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FAQs on General Defences Video Lecture - Legal Reasoning for CLAT
| 1. What are general defenses in criminal law? |  |
Ans. General defenses in criminal law refer to legal arguments that can absolve a defendant from liability for a crime. These defenses can include insanity, self-defense, duress, intoxication, and necessity. Each of these defenses presents a situation where the defendant may not be held fully accountable for their actions due to various circumstances.
| 2. How does the defense of insanity work in criminal cases? | |
Ans. The defense of insanity claims that a defendant was unable to understand the nature of their actions or distinguish right from wrong due to a mental illness at the time of the crime. If successful, this defense can lead to a verdict of not guilty by reason of insanity, often resulting in treatment rather than imprisonment.
| 3. What is self-defense, and when can it be used as a defense? | |
Ans. Self-defense is a legal justification for using force to protect oneself from imminent harm or threat. It can be used when the defendant reasonably believes that they are in danger and that the force used was necessary to prevent that harm. The level of force must be proportionate to the threat faced.
| 4. Can intoxication be used as a defense in criminal cases? | |
Ans. Intoxication can be used as a defense, but its applicability varies. Involuntary intoxication, where a person is drugged without their knowledge, can serve as a valid defense. However, voluntary intoxication typically serves only to negate specific intent crimes, not general intent crimes, depending on jurisdiction.
| 5. What is the necessity defense in criminal law? | |
Ans. The necessity defense argues that a defendant committed a crime to prevent a greater harm from occurring. This defense is applicable when the defendant can demonstrate that their illegal act was necessary to avoid an imminent and greater threat, and there were no reasonable legal alternatives available.
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Nov 22, 2024 Last updated |
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