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Full text of "Medical Jurisprudence And Toxicology"

APPENDIX   IV

THE INDIAN PENAL CODE

Sec. 32. Words referring to acts include illegal omissions.—In every part of this
Code except where a contrary intention appears from the context, words which refer
%to acts done extend also to illegal omissions. (An act includes illegal omissions, which
must be intentional and conducive to bad or harmful result.)

34. Act done by several persons in furtherance of common intention.—When a
criminal act is done by several persons, in furtherance of the common intention of all,
each of such person is liable for that act in the same manner, as if it were done by him
alone.

44. Injury.—The word, injury, denotes any harm whatever illegally caused to any
person in body, mind, reputation, or property.

51.    Oath,—The word "oath" includes a solemn affirmation substituted by law for
an oath, and any declaration required or authorized by law to be made before a public
servant or to be used for the purpose of proof, whether in a Court of Justice or not.

52.    Good faith.—Nothing is said to be done or believed in good faith which is
done or "believed without due care and attention.

53.    Punishments.—The punishments to which offenders are liable under the provi-
sions of this Code are—

First.—Death;

Secondly.—Transportation;

Thirdly.—Imprisonment, which is of two descriptions, namely : —

(1)  Rigorous, that is, with hard labour.

(2)   Simple.

Fourthly.—Forfeiture of property;
Fifthly.—Fine.

Sixthly.—Whipping added by the Whipping Act as in the case of a "juvenile
offender" who is under sixteen years.

Seventhly.—Detention in reformatories.

80.    Accident in doing a lawful act.—Nothing is an offence which is done by accident
or misfortune, and 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.

81.    Act likely to cause harm, but done without criminal intent, and to prevent
other harm.—Nothing is an offence merely by reason of its being done with the know-
ledge that it is likely to cause harm, if it be done without any criminal intention to
cause harm, and good faith for the purpose of preventing or avoiding other harm to
person or property.

Explanation.—It is a question of fact in such a case whether the harm to be pre-
vented or avoided was of such a nature and so imminent as to justify or excuse the
risk of doing the act with the knowledge that it was likely to cause harm.

82.    Act of a child under seven years of age,—Nothing is an offence which is done
by a child tinder seven years of age.

83.    Act of a child above seven and under 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 attained sufficient maturity of understanding to judge of the nature
and consequences of his conduct on that occasion.

According to English law 14 years is the limit instead of twelve ; and it is left to the
jury to decide whether the offence was committed by the prisoner and if so, whether at
the time of the offence the prisoner had a guilty knowledge that he was doing wrong,
if he was indicted for felony between 7 and 14 years of age. In cases of murder an
infant may be convicted of the capital punishment, if it appeared to the Court and jury
and if it was proved that the infant could discern between good and evil.

Cf. Sec. 130 of the Indian Railways Act (Act IX of 1890).—(1) If a minor under the
age of twelve years is, with respect to any railway, guilty of any of the acts or omis-
sions mentioned or referred to in any of the four sections 126, 127, 128 and 129, he shall
be deemed notwithstanding anything in section 82 or section 83 of the Indian Penal
Code to have committed an offence, and the Court convicting him may, if it thinks fit,
direct that the minor, if a male, shall be punished with whipping, or may require the
father or guardian of the minor to execute, within such time as the Court may fix, a
tadL binding hunseLf in such penalty as the Court directs, to prevent the minor from
being *again guilty of those acts or omissions