Lesson 8: Techniques of Law and Remedies II

Section 1: The Concept of Crime and the Cardinal Equation of Criminal Liability

Core Concept & Simple Definition

A Crime is an act of disobedience to a law forbidding or commanding it, which is both forbidden by law and revolting to the moral sentiments of the society.

Clear Explanation in Basic Words

Disobedience to every kind of law does not amount to a crime. For instance, breaking a civil law, violating contract obligations, or breaching rules of inheritance causes civil wrong or breach of contract, but is not treated as a crime. A crime requires something more: the act must not only violate a legal command or prohibition, but it must also shock and revolt the moral feelings of the community. Examples such as robbery and murder are crimes because they deeply offend societal morality, whereas disobeying revenue laws or breaching commercial contracts does not constitute a crime.

Flexibility of Moral Sentiments & The Cardinal Equation

The phrase "moral sentiments of a society" is flexible because public opinion and social necessities grow and change over time. In criminal jurisprudence, criminal liability is defined through a fundamental equation:

Generally, a crime cannot be constituted by either element alone. The standard common law principle of criminal liability is expressed in the ancient Latin maxim cited by Lord Kenyon C.J. in Fowler v. Pedger:

Thus, in jurisdictions adhering to due process, an Actus Reus (physical event/act) must be accompanied by some level of Mens Rea (guilty mental state) operating simultaneously to sustain a criminal conviction.

Why the Concept Matters

Significance: Requiring both a guilty act and a guilty mind prevents innocent individuals from being punished for accidental, involuntary, or physically forced harms where no criminal intention existed.

Section 2: The Two Essential Elements: Actus Reus and Mens Rea

Core Concept & Simple Definition

Actus Reus means the guilty physical act (commission or omission), while Mens Rea means the guilty state of mind accompanying that act.

Actus Reus (The Physical Event)

The term Actus Reus was given by Russell to denote the physical event. It may consist of an affirmative act of commission or a failure to act (act of omission). The essential conditions for Actus Reus are:

• Voluntary Character: The act must be voluntary. Involuntary movements, such as acts done while sleepwalking or during an epileptic fit, are excluded from criminal liability, except where such dangerous situations are deliberately created by a person who knows their own habits.
• Textbook Illustration: If person 'M' intentionally pushes 'Y' into a pond, it constitutes Actus Reus. Conversely, if 'M' and 'Y' are walking near a pond, and 'M' slips and accidentally knocks against 'Y', causing 'Y' to fall into the pond, 'M' has not committed an Actus Reus.
• Inchoate Offences (Unconsummated Actus Reus): In exceptional circumstances, the law punishes an offender even though the full Actus Reus is not consummated. These uncompleted crimes are punished at earlier stages known as attempt, conspiracy, and in some cases even preparation.

Mens Rea (The Cardinal Doctrine of Guilty Mind)

Mens Rea is considered the Cardinal Doctrine of Criminal Law. When judging criminal guilt, the court must resolve whether the physical act was intentional or unintentional. State of mind must be established before the legal puzzle can be solved:

• Historical Evolution: The doctrine developed in England during the latter part of the common-law era (around the year 1600), when judges began ruling that a physical act alone could not create criminal liability without a guilty state of mind.
• Textbook Examples of Mental States: Different crimes demand different mental states; for example, murder requires a malicious state of mind, whereas larceny requires a felonious state of mind.

Section 3: General Defences in Criminal Law

Core Concept & Simple Definition

Defences in criminal law are remedies and pleas available to the accused to plead not guilty, establishing innocence by showing justified causes or the absence of an essential element of crime.

The Seven Major Defences Described in the Textbook

• 1. Insanity or Mental Disorder: The most common defence used by accused persons to negate criminal liability. The accused is declared to be suffering from a mental disorder making them incapable of taking sensible decisions, because they cannot distinguish right from wrong.
• 2. Automatism: Signifies the total destruction of voluntary control, where muscles of the body act without direction from the mind, or during loss of consciousness. It strictly excludes a partial loss of consciousness resulting from ordinary causes (e.g., driving for too long). Textbook Example: A person 'X' fainting upon hearing a sudden knock on the door.
• 3. Intoxication: Arises when a person is intoxicated with drugs or chemicals and loses control over their mental capabilities. Its primary purpose is to establish the denial of mens rea, proving that the accused did not possess a guilty mental state for the actus reus. Textbook Example: Person 'M' claiming defence due to a drug overdose.
• 4. Mistake of Fact: A genuine and reasonable mistake of factual circumstances is accepted by law as a defence, often pleaded in conjunction with another defence. Textbook Example: A charge of assaulting a police officer may be negated by a genuine and reasonable mistake of fact where the defendant believed the person assaulted was an attacking criminal and not a police officer.
• 5. Necessity / Lesser Harm: Justifies an otherwise criminal act by demonstrating that it was committed to avert a much greater harm. Textbook Example: 'X' inflicts critical injuries on trespasser 'Y' because 'Y' intended to set fire to 'X's property.
• 6. Lawful Capacity of Office and/or Legal Duty: Primarily invoked by public servants to establish that their actions were authorized and commanded by legal duty. Textbook Examples: A paramedic who forcibly enters a building in response to an emergency call cannot be prosecuted for breaking and entering; a police officer who arrests a person carrying a gun in public to avert danger to innocent citizens is not guilty of an offence.
• 7. Self Defence (Private Defence): Protects a person who injures an aggressor while taking protective action against an unlawful attack. Textbook Example: 'X' alleges that 'Y' injured him; 'Y' successfully pleads self-defence by proving that 'X' was a burglar who forcefully barged into 'Y's house, and 'Y' attacked 'X' causing loss of a limb to defend his home and property.

Section 4: Codification of Defences under Chapter IV of the Indian Penal Code (IPC)

Core Concept & Simple Definition

Chapter IV of the Indian Penal Code (IPC) codifies the general exceptions and defences that excuse an accused from criminal liability on grounds socially accepted or conforming to moral principles.

Two Broad Sub-Divisions of Excuses

Under the IPC, an accused may plead justified causes through:

1. Statutory Excuses that Exclude Transgression: Justifiable defence and averting danger in an emergency.
2. Legally Prescribed Excuses for Mitigation: Circumstances recognized by law that diminish or mitigate criminal guilt.

The Seven Classificatory Categories of Chapter IV

The defences under Chapter IV of the IPC are systematically categorized under seven heads:

• 1. Judicial Acts
• 2. Mistake of fact
• 3. Accident
• 4. Absence of criminal intent
• 5. Consent
• 6. Trifling acts
• 7. Private defense

Complete List of Eighteen (18) Specific Defences in Chapter IV of the IPC

1. Act of a person bound by law to do a certain thing.
2. Act of a Judge acting judicially.
3. Act done pursuant to an order or a judgment of a Court.
4. Act of a person justified, or believing himself justified, by law.
5. Act caused by accident.
6. Act likely to cause harm done without criminal intent to prevent other harm.
7. Act of a child under 7 years.
8. Act of a child above 7 and under 12 years, but of immature understanding.
9. Act of a person of unsound mind.
10. Act of an intoxicated person and partially exempted.
11. Act not known to be likely to cause death or grievous hurt done by consent of the sufferer.
12. Act not intended to cause death done by consent of sufferer.
13. Act done in good faith for the benefit of a child or an insane person by or by the consent of guardian.
14. Act done in good faith for the benefit of a person without consent.
15. Communication made in good faith to a person for his benefit.
16. Act done under threat of death.
17. Act causing slight harm (trifling acts).
18. Act done in private defense.

Section 5: The Right to Information (RTI) Act, 2005 & Emerging Citizen Techniques

Core Concept & Simple Definition

The Right to Information (RTI) Act, 2005 is an emerging technique of law enacted by the Government of India to empower citizens, promote transparency, curb corruption, and prevent maladministration in public offices.

Reasons for Enactment & Official Aim

The public at large was facing increasing volumes of corruption, unnecessary and unwanted work delays, and mental, physical, and financial harassment due to a lack of transparency in government functioning. To put a check on these abuses, the Government of India enacted the RTI Act in 2005. Its official statutory aim is: "Bringing Information to the Citizens".

It was spearheaded by the Department of Personnel and Training (DoPT), Ministry of Personnel, Public Grievances and Pensions, providing an RTI Portal Gateway for citizens to search for Public Information Officers (PIOs) and First Appellate Authorities. The Act is updated till February 2011.

Statutory Architecture: Six Chapters, 31 Sections, and Two Schedules

• Chapter I (Preliminary): Explains preliminary aspects including short title, commencement, and definitions.
• Chapter II (Right to Information & Obligations of Public Authorities): Covers right to information, obligations of public authorities, designation of public officers, request procedure, disposal of requests, statutory exemptions, rejection grounds, severability, and third-party information.
• Chapter III (The Central Information Commission - CIC): Regulates constitution of the Central Commission, terms of office, conditions of service, and removal of the Chief Information Commissioner and Information Commissioners.
• Chapter IV (The State Information Commission - SIC): Replicates commission provisions at the state level (constitution, term of office, conditions, and removal).
• Chapter V (Powers and Functions of Commissions, Appeals & Penalties): Deals with powers and functions of the Central and State Commissions, handling of complaints, first and second appeals, and imposition of monetary penalties on defaulting officers.
• Chapter VI (Miscellaneous): The longest chapter of the Act comprising eleven (11) sections. It covers bona fide protection of action, overriding effect of the Act, bar on jurisdiction of civil courts, non-application to certain intelligence/security organizations, monitoring and reporting, preparation of programmes by appropriate governments, rule-making powers, laying of rules, removal of difficulties, and repeal.

The Official 17-Topic Guidelines Document

To assist information seekers and eliminate procedural hurdles, the Government of India issued an official public guidelines document titled:

This document contains 17 specific topics: (1) Foreword; (2) Object of the Act; (3) What is information; (4) Right to information under the Act; (5) Exemptions from disclosure; (6) Central Public Information Officers; (7) Assistance available from CPIOs; (8) Suo motu disclosure; (9) Method of seeking information; (10) Fee for seeking information; (11) Format of application; (12) Disposal of the request; (13) First appeal; (14) Second appeal; (15) Complaints; (16) Disposal of appeals and complaints by the CIC; and (17) Important websites.