Defenses are available for accused persons from "summary" of The Indian Penal Code... - Primary Source Edition by Hoffmann (Professor)
The Indian Penal Code provides various defenses that accused persons can rely on to avoid criminal liability. These defenses are crucial in ensuring that individuals are not unjustly punished for actions that may have been justified or excusable under the circumstances. One such defense is the defense of infancy, which applies to children under the age of seven who are deemed incapable of forming criminal intent. Another important defense is the defense of insanity, which can be raised when the accused was suffering from a mental disorder at the time of the alleged offense. Insanity can negate criminal intent and therefore absolve the accused of culpability. Additionally, the defense of mistake of fact can be invoked when the accused commits an act under a mistaken belief of fact which, if true, would have rendered the act lawful. Furthermore, the defense of necessity allows individuals to justify their actions if they were compelled to commit an offense in order to prevent a greater harm. This defense acknowledges that sometimes individuals may need to break the law in order to protect themselves or others from imminent danger. Self-defense is another important defense that allows individuals to protect themselves from harm without being held criminally liable.- The defense of consent can be raised in cases where the alleged victim willingly participated in the act that led to the offense. This defense recognizes that individuals have the right to make choices about their own bodies and actions. Overall, the availability of these defenses ensures that accused persons have the opportunity to present their side of the story and be shielded from unjust prosecution.
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