Difference between revisions of "India Criminal Defense Manual - Various Defense Strategies"
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The two most common methods of proving the accused innocent are: proving the accused's alibi and using the material evidence to prove that the alleged offense could not have happened. In employing the first strategy, the criminal legal aid lawyer can provide credible evidence, such as the testimony of a witness at the scene to prove an alibi; if adopting the second strategy, the legal aid lawyer can cite credible evidence demonstrating the weaknesses of the material evidence against the accused, and explain how these limitations or weaknesses exclude the possibility of the alleged offense. For example, suppose the accused was accused of stabbing the victim, and the evidence provided by the prosecutor indicates that the victim was stabbed by an assailant who used his right hand. In such circumstances, if the criminal legal aid lawyer can provide credible evidence to prove that the accused's right hand was previously injured and that he could not have used it at the time that the crime was committed; this demonstrates that the accused could not have committed the alleged offense. | The two most common methods of proving the accused innocent are: proving the accused's alibi and using the material evidence to prove that the alleged offense could not have happened. In employing the first strategy, the criminal legal aid lawyer can provide credible evidence, such as the testimony of a witness at the scene to prove an alibi; if adopting the second strategy, the legal aid lawyer can cite credible evidence demonstrating the weaknesses of the material evidence against the accused, and explain how these limitations or weaknesses exclude the possibility of the alleged offense. For example, suppose the accused was accused of stabbing the victim, and the evidence provided by the prosecutor indicates that the victim was stabbed by an assailant who used his right hand. In such circumstances, if the criminal legal aid lawyer can provide credible evidence to prove that the accused's right hand was previously injured and that he could not have used it at the time that the crime was committed; this demonstrates that the accused could not have committed the alleged offense. | ||
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| + | == Can the legal aid lawyer justify the crime committed by the accused? == | ||
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| + | Justifying the crime for the accused is another type of affirmative defense wherein the accused does not deny the alleged offense, but argues that he should not bear legal responsibility for it. Counsel is arguing that the accused committed the alleged offense for justified causes that are socially accepted or that conform to moral principles. | ||
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| + | 1. Statutory Excuses that Exclude Transgression: Justifiable Defense and Averting Danger in an Emergency | ||
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| + | 2. Legally Prescribed Excuses for Mitigation: | ||
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| + | The Penal code in Chapter IV describes the following acts exempted under the code from criminal liability : | ||
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| + | A Acts of person bound by law to do certain things.<ref>Section 76 of The Indian Penal Code</ref> | ||
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| + | B Act of Judge acting judicially (s.77).<ref>Section 77 of The Indian Penal Code</ref> | ||
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| + | C Act done pursuant to an order or a judgment of a Court.<ref>Section 78 of The Indian Penal Code</ref> | ||
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| + | D Act of a person justified, or believing himself justified, by law.<ref>Section 79 of The Indian Penal Code</ref>Section 81 of The Indian Penal Code</ref> | ||
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| + | E Act caused by accident.<ref>Section 80 of The Indian Penal Code</ref> | ||
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| + | F Act likely to cause harm done without criminal intent to prevent other harm.<ref> | ||
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| + | G Act of a child under 7 years.<ref>Section 82 of The Indian Penal Code</ref> | ||
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| + | F Act of a child above 7 years and under 12 years, but of immature understanding<ref>Section 83 of The Indian Penal Code</ref> | ||
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| + | G Act of a person of unsound mind.<ref>Section 84 of The Indian Penal Code</ref> | ||
