Difference between revisions of "India Criminal Defense Manual - Various Defense Strategies"

From Criminal Defense Wiki
Jump to navigationJump to search
Line 77: Line 77:
  
 
G Act of a person of unsound mind.<ref>Section 84 of The Indian Penal Code</ref>
 
G Act of a person of unsound mind.<ref>Section 84 of The Indian Penal Code</ref>
 +
 +
H Act of an intoxicated person and partially exempted.<ref>Section 85 and 86 of The Indian Penal Code</ref>
 +
 +
I Act not known to be likely to cause death or grievous hurt done by consent of the sufferer.<ref>Section 87 of The Indian Penal Code</ref>
 +
 +
J Act not intended to cause death done by consent of sufferer<ref>Section 88 of The Indian Penal Code</ref>
 +
 +
K Act done in good faith for the benefit of a child or an insane person by or by the consent of guardian<ref>Section 89 of The Indian Penal Code</ref>
 +
 +
L Act done in good faith for the benefit of a person without consent.<ref>Section 92 of The Indian Penal Code</ref>
 +
 +
M Communication made in good faith to a person for his benefit.27
 +
 +
N Act done under threat of death.28
 +
 +
O Act causing slight harm.29
 +
 +
P Act done in private defense.30
 +
 +
Minor Offender
 +
In representing juvenile offenders, the legal aid lawyer emphasizes
 +
that the accused should not bear criminal responsibility because of
 +
his or her age. Section 2(k) specifies eighteen as the higher limit for
 +
bearing criminal responsibility.
 +
3. Other Excuses of Defense:
 +
Maltreated Women Syndrome:
 +
Although some courts do not recognize "Maltreated Women
 +
Syndrome" as a criminal defense, it can be considered secondary
 +
evidence for other defenses such as self-defense, defense from being
 +
coerced, etc. Because "Maltreated Women Syndrome" affects a person's
 +
 +
 +
 +
 +
27
 +
Section 93 of The Indian Penal Code
 +
28
 +
Section 94 of The Indian Penal Code
 +
29
 +
Section 95 of The Indian Penal Code
 +
30
 +
Section 96-106 of The Indian Penal Code
 +
 +
  
  

Revision as of 12:03, 10 June 2010