Article 89 of the Criminal Code deals with children under the age of 12 and insane persons and therefore do not have the legal capacity to give consent because they are unable to understand the nature and consequences of their actions. Therefore, consent is given on their behalf by guardians or persons legally responsible for them. Submit your article via our online form Click here Note* we only accept original articles, we do not accept articles that have already been published on other websites. For more information, please contact: editor@legalserviceindia.com Medical evidence of the required degree of mental disorder is relevant, although inconclusive. [5] After consulting with mental health work, the Supreme Court ruled that for the purposes of paragraph 13(1)(iii), «schizophrenia is what schizophrenia does.» (Gupta and Gupta). [6] The decision is important because it places more importance on impact and impact than simply on the label of mental illness. Each case of schizophrenia must be considered separately. In the field of law, it is important to understand each cause of each individual action. Only then can a well-founded judgment be rendered in a case. If the judge does not consider all possible aspects and possibilities, he will most often draw the right legal conclusion, but not always. One of the most important things to consider in relation to any crime is mens rea or culpable intent. This element of crime (mens rea) has been present almost since the criminal law became known. It was already included in the Code of Hammurabi (1700 BC) through the use of words such as «intent» and «know» in definitions of crime.
But over the years, complexities have arisen when it comes to the use of mens rea, and courts are constantly trying to resolve the issues associated with enforcing the rule. In general, the question arises in cases where mens rea is present in the author or not. But sometimes the question arises as to whether it is necessary or not. This happens in case of violation of the law. They may expressly or implicitly exclude the requirement of mens rea. This study takes a critical look at this situation and takes into account existing views and decisions on this topic. Criminal offence A criminal offence is in principle a violation of the law. In legal language, the word «crime» is generally interpreted as a criminal injustice.
A criminal offence therefore means an injustice in criminal law. The 1973 Code of Criminal Procedure defines the term «offence» as «any act or omission punishable under any law in force, including any act in respect of which a complaint may be made under section 20 of the Cattle Trespassing Act 1871 (1 of 1871)». This is a guideline for Code offences. But there are other types of crimes; those created by various laws, such as those relating to taxes, national security, etc. This is commonly referred to as statutory offences. The crimes were classified in several ways. For the purposes of this study, however, the relevant classification of offences would be malum in se and malum prohibitum offences. Crimes that are malum in themselves are those that are intrinsically evil or bad, such as murder, rape, etc. Society as a whole recognizes them as wrong. They have become criminal offences over the years and through court decisions. Therefore, these offences are also referred to as common law offences because they are developed from precedents. On the other hand, crimes that are malum prohibitum are acts that are reprehensible because they are prohibited by law.
For example, offences created by traffic rules are not inherently bad, but since these are the rules that must be followed on the road, their violation would result in punishment. Traveling in a car on the right side of the road is not inherently bad, but it is a criminal offense because the law does not allow it. It is these types of crimes that are called legal offences. They are the ones who are created by laws that require strict interpretation. Lawful offences are necessary because not only can the crimes of the Indian Penal Code of 1860 harm society, but another very important category of crimes (white-collar crime) poses a great threat to society. Many scams have been discovered in the last 20 years. From Harshad Mehta to the 2G scam, everyone has contributed to harming society. In fact, in 1962, the Indian government led by Lal Bahadur Shastri (then Minister of Home Affairs) established a committee (Santhanam Committee) for the Prevention of Corruption, which proposed including certain socio-economic crimes in the Indian Penal Code of 1860 as a new chapter. But unfortunately, that didn`t happen. But reports on the use of ICC Article 309 are not unknown and continue to be reported in almost every region of the country. Therefore, it is on the agenda that the police authorities be cleaned up on this issue. However, the word «consent» is not defined anywhere in the ICC.
But section 90 of the IPC talks about what does not amount to consent. It describes consent in negative terms. It states that consent given by a person for fear of injury or misconception, or because of mental disorder, intoxication or a child under the age of 12 (unless the context indicates otherwise) is not consent. These offences were as follows: – 1. Offences aimed at preventing or hindering the economic development of the country and endangering its economic health. 2. Legally imposed tax evasion and avoidance 3. Abuse of position of officials in the conclusion of contracts and transfer of public property, in the granting of licences and permits and other similar matters 4. Supplies of goods by private individuals and commercial companies which do not meet the specifications agreed in execution of contracts concluded with public authorities 5. Profit, black-market and hoarding 6. Adulteration of food and medicinal products 7.
Theft and misappropriation of public property and funds 8. Trade in licences, permits, etc. These crimes are very important to society and protect the public interest. Therefore, crimes that fall into this category are called «violations of the common good.» Thus, if a law is passed to recognize them as criminal offences, they would be legal offences whose commission would result in penalties. Mens Rea Actus non facit reum nisi mens sit rea The Latin maxim known above describes the relationship between mens rea and a crime in general. Actus reus means an illegal act. Mens rea means bad intention.