The article is written by Lakshmi Sharma, from,vinoba Bhave University, University law college hazaribagh ( jharkhand)

Introduction:

In India, criminal offences are governed by the Indian Penal Code, 1860. This code lays down various provisions related to offences, their punishment, and the defences that can be taken by an accused. In this article, we will discuss the various defences available under the Indian Penal Code, along with relevant case laws and sections.

Self-defence:

Section 96 of the Indian Penal Code lays down the right of private defence. It states that every person has the right to defend their own body and the body of others against any offence affecting the human body. The right of private defence extends not only to the person himself but also to his property.

Case law: In the case of Rattan Singh v. State of Haryana, the Supreme Court held that the right of private defence is available not only when a person is actually attacked but also when there is an apprehension of an attack.

Insanity:

Section 84 of the Indian Penal Code lays down the defence of insanity. It states that a person who is of unsound mind at the time of committing the offence shall not be held liable for that offence.

Case law: In the case of State of Karnataka v. B. T. Ganesh, the Supreme Court held that the defence of insanity can be raised even if the accused was aware of the nature and consequences of the act committed but was unable to understand that it was wrong.

Intoxication:

Section 85 of the Indian Penal Code lays down the defence of intoxication. It states that if a person commits an offence under the influence of alcohol or drugs and was incapable of knowing the nature of the act or that it was wrong, then he shall not be held liable for that offence.

Case law: In the case of Shri Ram v. State of U.P., the Supreme Court held that the defence of intoxication can only be taken when the accused was so intoxicated that he did not know the nature of the act or that it was wrong.

Mistake of fact:

Section 76 of the Indian Penal Code lays down the defence of mistake of fact. It states that a person who commits an offence under a mistaken belief of fact shall not be held liable for that offence.

Case law: In the case of R. v. Prince, the accused took away a girl under the belief that she was 18 years old and thus capable of consenting to sexual intercourse. However, the girl was only 14 years old and incapable of consenting. The court held that the defence of mistake of fact was not available to the accused as the mistake was one of law and not fact.

Necessity:

Section 81 of the Indian Penal Code lays down the defence of necessity. It states that if a person commits an offence to prevent a greater harm, then he shall not be held liable for that offence.

Case law: In the case of Municipal Corporation of Delhi v. Ram Kishan Rohtagi, the Supreme Court held that the defence of necessity can be taken when there is no other alternative to prevent a greater harm.

Conclusion:

In conclusion, the Indian Penal Code provides various defences to an accused. These defences are based on principles of justice, equity and fairness. It is important to note that the burden of proving these defences lies on the accused. Therefore, it is important for an accused to understand the various defences available to him and to take appropriate legal advice.

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