Difference between revisions of "India Criminal Defense Manual - Various Defense Strategies"
From Criminal Defense Wiki
Jump to navigationJump to searchDdemetriou (talk | contribs) |
Ddemetriou (talk | contribs) |
||
| Line 71: | Line 71: | ||
F Act likely to cause harm done without criminal intent to prevent other harm.<ref>Section 81 of The Indian Penal Code</ref> | F Act likely to cause harm done without criminal intent to prevent other harm.<ref>Section 81 of The Indian Penal Code</ref> | ||
| − | |||
G Act of a child under 7 years.<ref>Section 82 of The Indian Penal Code</ref> | G Act of a child under 7 years.<ref>Section 82 of The Indian Penal Code</ref> | ||
| Line 88: | Line 87: | ||
L Act done in good faith for the benefit of a person without consent.<ref>Section 92 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. | + | M Communication made in good faith to a person for his benefit.<ref>Section 93 of The Indian Penal Code</ref> |
| − | N Act done under threat of death. | + | N Act done under threat of death.<ref>Section 94 of The Indian Penal Code</ref> |
| − | O Act causing slight harm. | + | O Act causing slight harm.<ref>Section 95 of The Indian Penal Code</ref> |
| − | P Act done in private defense. | + | P Act done in private defense.<ref>Section 96-106 of The Indian Penal Code</ref> |
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| + | '''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 behavior, an expert needs to be retained to testify and explain her acts in this context. Some courts allow using expert testimony about "Maltreated Women Syndrome" to prove the accused did not have the requisite intent for committing the alleged crime. | |
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | == References == | + | == References == |
<references/> | <references/> | ||
