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Basics Of Tort

‘Tort’ is a word derived from the Latin term ‘tortum’ which means twisted. This essentially means a conduct that is not straight or lawful.

Tort can further be defined as a civil wrong which is redressable by an action for unliquidated damages and which is other than a mere breach of contract or breach of trust.

  • It is basically a wrong that causes a claimant (plaintiff) to suffer loss or harm, resulting in legal liability for the person (defendant) who commits the tortious act.
  • Unliquidated damages are a significant remedy for a tort since it may not be always possible to restore or indemnify the original condition of the plaintiff. Once the damage is suffered, it can only be compensated and paid in terms of damages.
  • Tort is a civil wrong other than a mere breach of contract or breach of trust. For example: If a person agrees to buy a bicycle from a store but is unable to do so, it will fall under the category of breach of trust. It will not amount as a tort. Damages in Tort are always unliquidated. Damages in Breach of the contract are liquidated damages.

Essentials of Torts:

  1. Act/Omission- There must be an act that the defendant should not have done or omission of an act that he was supposed to do for it to be a tort.
  2. Legal Damage- The act or omission should result in the damage of a legal right of the plaintiff. The plaintiff has to prove that there was a damage to his legal right because of the act or omission of the defendant.
  3. Malice- The wrongful act or omission must be done intentionally and without a just cause.
  4. Evil Motive- Motive means an ulterior reason for a conduct. When the defendant does a wrongful act with a feeling of spite vengeance or ill will, the act is said to be done maliciously.

Tort Vs Crime:

Tort is a private wrong and there is an aggrieved party who files a case against the other party whereas in case of a crime the state brings the case against the accused.

In case of Torts, the ends of justice are met by compensating the aggrieved party and in case of a crime, the punishment inflicted on the wrong doer.

Agreements without consideration in Indian Contract Act

Agreements in Restraint of Marriage (S.26)Agreements in restraint of marriage or those, which interfere with the freedom of choice of an individual in matters relating to marriage, are void. As an effect of the agreement, if a person is bound to not marry another individual or it interferes with the person’s freedom of choice then it is void. Example: The case of Lowe v. Peers set a precedent in the law relating to restraint of marriage. In this case, the defendant contended that if he marries any other person except the plaintiff, he would give her 1000 pounds within three months of his marriage. It was held that such an agreement is void.Agreement in Restraint of Trade (S.27) Any agreement that debars any individual from starting or continuing his legitimate trade, business or profession, in return for some consideration irrespective of whether the restraint is partial or general, is void. Even the Constitution of India grants every individual, the fundamental right to carry on any business, trade or profession.Example: Madub Chunder V Rajcoomar: In this case, the Defendant faced competition from Plaintiff due to which he incurred a heavy loss. Consequently, both parties entered into an agreement. The terms of the contract state that if the Plaintiff closes his business then the Defendant would pay him the money that MadubChunder advanced to his workers. Later on, Rajcoomarrefused to pay the money as promised in the contract. Both the parties of the present case were involved in businesses established in Calcutta. As a result, the Plaintiff filed a lawsuit to claim the amount from the Defendant. It was held that such an agreement would be void. A non-compete clause through which an employee signs up to not compete with the firm/employer directly would not amount to ‘restraint of trade’. Exceptions to Restraint of Trade: 1.) Sale of Goodwill: The only exception mentioned in Section 27 of the Contract Act is related to sale of goodwill. Goodwill is an intangible asset of a firm; it is the reputation it has earned over the years among consumers, such that these consumers would continue to consume products or services produced by such a firm. Like other assets, a firm can sell its goodwill as it holds some value. One who sells the goodwill of a business may agree with the buyer of that goodwill to refrain from carrying on a similar business within specified local limits. This would not be an agreement in restraint of trade but it is the right exercised by the buyer of the goodwill. Example: In Chandra v.Parasullah, the plaintiff was the owner of a fleet of buses that used to ply between Pune and Mahabaleshwar. The defendant also had a similar business in the same area. To avoid competition, the plaintiff bought the defendant’s business along with the goodwill, and by contract made him agree not to open a similar business in the area for 3 years. The defendant did not comply and started his business. It was held by the court that the agreement was valid, as it fell within the exception to S.27.2.) Another exception to the rule of limitation on agreements in restraint of trade is provided under the Partnership Act, 1932. The Act lays down three exceptions. These are:a. An agreement with a partner of the firm to not carry out his own business so long as he/she is a partner in the said firm.b. An agreement between partners to not engage in a similar business as that of the said firm within specified territorial and time limits (period of restraint).c. In anticipation of dissolving the firm, the partners may come to an agreement in restraint of carrying out a similar business within specified territorial and time limits so long as this restraint is reasonable. Example: Firm Daulat Ram & Firm Dharm Chand, In this case, the two similar business owners, in a partnership, came to an agreement that only one of their factories would work at a given time and the proceeds will be shared between them. This restraint was held to be valid.Agreement in Restraint ofLegal Proceedings (S.28)Any agreement between the two parties that restricts either or both of the parties (whoever is aggrieved) from seeking remedy from a court of law (or limits the time period within which such a right may be exercised) in case of non-compliance or a breach of contract is a void agreement. It further says, any agreement that extinguishes the rights of any party or discharges either of the parties from liability is a void agreement.There are two exceptions to Section 28, as mentioned in the Act. Agreements in restraint of legal proceedings are valid, if:1. A future dispute or a past dispute is referred to arbitration. That is if there is an arbitration clause in the said agreement.2. Agreements stating the limit of time as per the Limitation Act, 1963 For instance, as per the Limitation Act, 1963, a suit for breach of contract may be brought within the period of three years from the date of the breach.Example: Food Corporation India V New India Assurance Co. In this case, the Supreme Court held that the terms of an agreement should not be so construed as to bar the other party from seeking the remedy of the suit.

Introduction to the Consumer Protection Act 2019

In twentieth century everyone followed and accepted a thought that is “Consumer is King”.In the case of Donoghue Vs Stevenson where the manufacturer was held liable by the court for the presence of snail in the ginger beer bottle. This was the landmark judgement after which the need for legislation was realised .The  Consumer protection Act is based on the doctrine of Caveat Emptor which means that it is the responsibility of the buyer to identify the defects in the goods .Need for the Act-Aim of the Act –-To provide protection of the interest of the consumers -Attempts to remove the helplessness of the consumer that they face against the powerful company .-To protect the economic interest of the consumers -The act has to be construed in favour of the consumer to achieve the purpose of the enactment as it is social benefit oriented legislation.-To make provisions for the settlement of the dispute arising -Objectives of the Act i. The act tries to promote and protect all the six rights of the consumers that includes right to safety , right to information , right to choose , right to be heard, right to redressal and right to consumer education .ii. To provide speedy disposal to the cases by providing quasi –judicial machinery for the redressal of consumer disputes .iii. To provide the redressal services at feasible cost .iv. Creating framework for consumers to seek redressal.Important Definition- 1. Consumer –-As per section 2(7) of the Consumer Protection Act is a person who purchases any goods or services or hires or avails of any service  for a consideration for his own use but doesn’tinclude any person who buys any good and avail any service for resale or commercial consumer .-The explanation to this section talked about the term “commercial purpose” which does not include use of goods by person exclusively for the purpose of earning livelihood by means of self employment. It also mentions that term “buy any goods” and “hires or avails any services “includes both offline and online transactions .2. Complaint –According to section 2(6) of the Consumer Protection Act is a person who makes a complaint under this act that -an unfair conduct or unfair trade practise or restrictive trade practice has been used by a trader or service provider.-the goods or the services have defects or deficiency-the trader or service provider charged the goods or services with a price in excess of a price as mentioned by law under any act , displayed on goods or package , displayed on the price list exhibited by him or as agreed between the parties.-the selling of such goods which are hazardous to life and safety to the public in contravention of law or if the trader knows that goods are unsafe – when there is claim for product liability against manufacturer. 3. Deficiency in services –-According to the definition under Section. 2(11) of Consumer Protection Act 2019 (“the Act”), any sort of imperfection, or defect in the feature, quality, amount, worth, authenticity, its capacity or potential, and standard which is obligatory to be maintained and regulated as per the laws and statutes in function or any agreement/contract claimed by the seller, with respect to the products and goods, is known as deficiency.Willful and deliberate concealment of important information, omission or negligence of acts by seller which may lead to injury or loss to the consumer(s), also comes under the ambit of deficiency of service.Any act(s), which a prudent seller is supposed to do or is supposed to omit, but deliberately does the contrast, such actions amount to ‘deficiency of service’.
• Consumer protection councils-Under section 3 of the Consumer Protection Act it has mentioned to establish the central consumer protection council .1. Constitution – Minister in charge of the department of consumer affairs in the central government shall be the chairperson.Such member of other official or non official members as required-At least  one meeting to be held every year .2. Objects of central council –To render advice on promotion and protection of the consumers rights under this act .State Consumer protection Council –-Under section 6 mandates the state government to establish state protection consumer  council.1. -Constitution –Minster in charge of consumer affairs in the State Government who shall be the chairperson, such no of official or non-official members as required , such no of other official ,non official members not exceeding ten as may be nominated by the government.2. Objects – to render advice on promotion and protection of consumer rights under this actDistrict Council–Under section 8 mandates the state government to establish for every district the district consumer protection council -It is an advisory council 1. Constitution – Collector of the district (chairperson), such no of officials and non –official as may be prescribed .2. Objects –To render advice on promotion and protection of consumer rights under this Act

Indian Medical Association Vs V.P Shanta

In this case SC included medical negligence and medical profession within the scope of consumer protection act .Consequently empowering the aggreieved due to medical negligence to sue for damages for deficiency in services by a medical professional or medical institution , in a civil court .

Issue –Whether professional services are to be considered under the Consumer protection  Act.

Judgement –The court said act was made for the benefit of consumer so the term service needs to be construed keeping the consumer in minds. On perusal of section 2(1)(o) if the act, the court stated that the definition of service was divided into three parts, namely, the main part, the inclusionary part and the exclusionary part. The court stated that the scope of main part in itself was extremely wide while placing reliance on another judgement, namely, Lucknow Development Authority vs. M.K Gupta, where the court had used the definition of “any” established in Black Law’s dictionary to establish that it meant “all” or “some” or even “one”. The court in that judgement stated that the main part gave the widest scope to the definition of service with inclusive part adding to the list but not exhausting it. Thus empowering the aggrieved due to medical negligence to sue for damages for deficiency in services by a medical professional or medical institution , in a civil court .

Unfair trade practice& Limitations

A trade practice is touted as unfair when in order to promote its services or sale of its goods, supply and distribution of its products, an entity uses illicit and illegal means to mislead the general public into opting for in-genuine and deceptive goods and services.

Some examples are: portraying the goods to be of good quality when they are actually of inferior/poor quality, misleading public with fake components and ingredients, misrepresentation of services, claiming used goods and products to be brand new, fake advertising, selling goods not complying with safety and other industry standards while claiming otherwise.

These are the acts mentioned under the act which is said as unfair trade practise:

i. False representation of goods or services of particular standard, quality , quantity , grade or composition.

ii. False representation of any rebuilt, renovated and second hand goods as new goods

iii. Representing that goods or services have all the requirements such as approval , performance , characteristics as other goods or services of same kind do not have

iv. Representing falsely that the seller has some approval which he does not have.

v. Making a false statement regarding the usefulness of goods

vi. Gives to the public any warranty or guarantee of the performance which is not based on proper test.

vii. Failure or non-issuance of a bill or a cash memo

viii. Refusal to take back

ix. Disclosure of consumer ‘s personal  information to any other person unless such disclosure is made in accordance with the provisions of any law .

Note – Before ascertaining whether it amounts to unfair trade practice , it becomes relevant to determine whether the goods or deficient services have been provided .This section in its current  form  pre –determines existence of defective product or deficient service.

Limitations-This has been mentioned under section 69 of the act which says that the complaint should be made within a time period of 2 years from the date on which the cause of action arises .However if the complainant satisfies that he had sufficient reason for the delay than commissions may entertain  the complaint by recording reasons .

CONSUMER PROTECTION REDRESSAL COMMISSIONS& CONSUMER RIGHTS

In order to protect consumer rights the act talks about the establishment of three redressal mechanisms .1. District commission –Under section 28(1) mandates the state government to establish at least one district consumer dispute redressal commission in every district of the state .Limit –If your redressal value is 1crore or less than that then the consumer can approach the district commission.Jurisdiction –As per section 34(2) of the act a complaint can be filed at the District commission within whose local limits the opposite party have a branch or personally work for gain or ordinarily resides -Where the opposite party actually and voluntarily resides or carries on business or has branch than has to take the permission of District commission -if cause of action arises-the complainant resides or personally works for gainTime period- Within 21 days of getting the complaint the commission has a duty to either admit or reject the same. However it cannot do the same without having the first hearing.-Needs to presided by the president and one member atleast .Appeal – If a party is aggrieved by the order of the District commission then they may go for an appeal to the State commission within  45 days of receiving such order .If party was ordered by the District Commission to pay a certain amount than at least 50% of the amount must be paid before the state commission in order to hear the appeal.2. State Commission – The state government has been asked to establish  a state commission under section 42(1) of the Act .Constitution – 1 president and atleast 4 Members and maximum as members as required .Jurisdiction –According to section 47 of the Act it has jurisdiction to entertain -where the value of goods or services paid as consideration exceeds 1Crore but does not exceed 10Crores-Complaints where unfair contracts where the value of goods or services paid as consideration does not exceed 10Crore -Appeals against the order of District commission within the  state .-Where it feels that District commission has exercised a jurisdiction not vested in  law, or has failed to exercise a jurisdiction illegally or material irregularity -A bench must consist of a president and one member or member that deems fit -It has also the power to shift proceedings from one district commission to another under section 48.Appeals –If aggrieved by the decision the aggrieved party may prefer an appeal to the National commission within 30days of receiving the order from the state commission. If order had been made to pay a particular amount by the state commission than 50% of it must be paid to national commission to listen the appeal.3. National Commission –-under section 53(1) the central government is mandated to establish a national commission .Constitution- 1 president , Atleast 4 members and maximum as deems fit Jurisdiction –Under section 58 of the Act -Complaints where the value of goods or services paid as consideration exceeds 10Crore -Complaints against unfair contracts where the value exceeds 10crores-Appeals against the order of any state commission -Appeals against the order of central authority -To call for the records and pass appropriate orders if National commission feels that State commission was not vested with jurisdiction or has acted in the exercise of its jurisdiction illegally or with material irregularity .-It also has the right to review its cases suo moto or based on an application filed by one of the parties • Rights of the consumer that are recognised under this act –1.Right to safety-This right is the right to be protected against the marketing of goods and services which are hazardous to life and property of the consumers .2.Right to Information – Right of a consumer to be informed of the quality , quantity , potency , purity , standard and price of the goods and services being sold by the seller.3.Right to choose –It is defined as the right to be assured to have access to a variety of goods and services at competitive prices 4.Right to be heard –It is right to be heard and assured that consumers interest will be  heard at appropriate forums5.Right to seek Redressal –This right ensures that all the issues of the consumers are taken care of and justice is done with them .6. Right to consumer education-Right to have knowledge about all laws and policies related to consumers. Therefore steps to be taken create awareness among the consumers . Awareness programs have been organised by the government  such as “ jago grahak jago”

Criminal law and IPC ADMINSTRATION OF JUSTICE

Meaning –In order to understand the meaning of the word let’s divide it into two parts first administration which means management and second justice that means the quality of being just. Justice consists of impartiality, integrity or rightness. Administration of Justice is generally divided into parts –Administration of Civil Justice and Administration of Criminal justice According to Salmond the main function of the administration of justice is the protection of Individual rights, enforcement of laws and punishment of criminals.Advantages of Administration of Justice –-Uniformity and certainty-Everyone is expected to know what the law is and there is no scope for arbitrary action .Judges are also compelled to give the order according to the law settled in country.-Impartiality-Judges are required to treat everyone same before the eye of law unless a specified differentiation has been mentioned in the law.-Regulation –As the law is known to the citizen it enables them to regulate their conduct in accordance with it  b. Theories of Punishment –-Deterrent theory-According to Salmond the deterrent aspect of punishment is  necessary .As the object of this kind of punishment is not only to stop the wrongdoer from repeating the crime again but also to set an example before the public that if they are going to do such acts than they might face same consequences .This will help them make a decision before committing any crime .Here the word DETER means to abstain from doing any wrongful .Basically it will aware the people of society.-This theory consists of 3 major components 1.Severity –It indicates the degree of punishment. 2. Certainty-It means making sure that punishments must be given whenever the crime is committed. 3. Celerity –The punishment must be given as soon as possible so that ithas more effect to deter crime.-Preventive Theory –This theory’s objective is to prevent the wrongdoer from committing the crime again. Deterrent theory aims at giving warning to the society at large whereas preventive theory’s objective is to stop the wrongdoer from committing the crime. The aim of this theory is to prevent crimes that can be done when the criminal activities of the wrongdoer is checked. This can be done by disablement.Criticism-That the preventive punishment has the undesirable effect of hardening first offenders or juvenile offenders when imprisonment is the punishment by putting them in the association of harden criminals.-Reformative Theory –This theory believes in reforming the criminal. It basically wants the criminal to change them from within. Wrongdoer should be given a chance to live life like normal human being after serving the punishment. The wrongdoer during the term of imprisonment should be taught some kind of craft or skills so that when they come out they should be able to live a different and better life.Criticism –This theory anticipates better framework and offices in Jail and also not everyone in that jail can be changed  like bad –to-the bone lawbreaker.-Retributive theory – This was called the theory of vengeance. It is based on small doctrine namely the doctrine of Lex talionis which means an eye for an eye .This theory however ignored the fact that always having retributive approach will make the society very rebellious .All though it has some good points that it act as a strong deterrent, helps in giving moral justice to the victim and establishes the feeling of trust within the society .-Compensatory theory of Punishment –This theory believes that punishment should not only be to prevent further crime but it should also exist to compensate the victim who suffered the harm. All other theory talks about the wrongdoer but in this theory it talks about the how the victim can be benefited.

PENAL LIABILITY & STAGES OF CRIME

Penal Liability –In order to be held liable for a criminal activity it has to be prove beyond reasonable doubt that all these elements were present –1.Person under section 11 of IPC –Person is defined in section 11 of IPC which includes Company, association or body of persons whether incorporated or not .The word also includes artificial and juridical person as well as the natural person. In order to qualify as a crime a person must commit it. 2. Mens Rea-This can be explained in various forms; a guilty mind, a guilty or Wrongful purpose,                criminal intent, guilty knowledge and wilfulness all constitute the same thing that mens rea. Every crime requires mental element and that is considered as the fundamental principle of criminal liability. This display specific intent by the accused for the commission of the crime for which he is charged 3.Actus Reus – The third essential element of a crime is actus reus. In other words some act or illegal omission must have taken place in pursuance of guilty intention. There are two types of Actus reus first is commission and the second one is an omission. The commission is as a criminal activity that was the result of voluntarily body movement. This describes a physical Activity that harms a person or property. Against human body includes physical assault, murder, hurt, grievance, hurt etc & property includes theft, decoity, extortion etc.The omission is another form of Actus reus as an Act of criminal negligence. Without a guilty act, there can be no crime and no suit for damages can arise. An act alone does not make a crime, however, and both the intention of the person and the act itself.4.Injury –Under section 44 of the IPC that the injury should be caused to another person or to society at large .The injury is defined as any harm illegally caused to any person in body , mind , reputation or property by another person .

  1. Stages of crime –

1.Intention –Intention is the first stage in the commission of crime. It is the mental element that is required for the commission of crime .It is the direction of conduct towards objects chosen. But at this stage the accused is not prosecuted as it is very difficult to prove the guilty mind of a person.2.Preparation – This is the second stage in the commission of crime .It means to arrange the necessary resources for the execution of intentional criminal act. ntention and preparation alone are not enough to constitute a crime.3.Attempt –An attempt is direct movement towards the execution of crime after the preparation of the plan .According to law the person is guilty of an attempt of an offense if there act is more than simply preparatory to the commission of an offence 4.Accomplishment – This is the last stage in the commission of an offence is its accomplishment or completion. If accused succeeds in his attempt to commit the crime, he will be guilty of the complete offence if fails than guilty of the attempt only.

PUNISHMENTS UNDER IPC SECTION 53-75

Section 53 –The punishments to which offenders are liable under the provisions of this code are-Death-Imprisonment for life -Imprisonment –Rigorous and Simple-Forfeiture of property -Fine Capital Punishment – It is the punishment wherein the accused is executed to death after he/she has been found to be guilty of a criminal offence in accordance to the appropriate legal process.The 35th Law Commission report said, “having regard, however, to the conditions in India, to the variety of the social upbringing of its inhabitants, to the disparity in the level of morality and education in the country, to the vastness of its area, to the diversity of its population, and to the paramount need for maintaining law and order in the country at the present juncture, India cannot risk the experiment of abolition of capital punishment.”Apex court in case Bacchan Singh v State of Punjab, observed that death sentences can only be awarded in the rarest of rare cases. Than in case Macchi Singh v. State of Punjab, expanded the finding laid down in Bacchan Singh. Hereunder are certain observations made by the court:

  • Death sentence can only be awarded in case of gravest of culpability
  • Circumstances of the offender must be taken into consideration before pronouncing a death sentence
  • Death sentence can only be imposed when awarding life imprisonment does seem to be adequate for the crime committed by the offender.
  • Before ruling in favour of the death penalty, both, mitigating and aggravating factors must be considered and doing so according to full weightage to the mitigating factors.
  1. Imprisonment -This is a punishment wherein the accused is confined in a penitentiary. There are two kinds of imprisonment rigourus and simple .
  2. Levying of penalty -The imposition of fine or penalty has been prevalent since the inception of tribal system in the civilisation. In the case of Ashok Kumar vs. State the Apex court had opined that “payment of fine brings home the sense of responsibility in a surer fashion than even short terms of imprisonment in some case.” The Indian Penal Code and several other Indian statutes have affixed levying of fine as an alternative as well to the main punishment.
  3. Forfeiture of property- Forfeiture of property has been provided by the Indian Penal Code and it was even prevalent in ancient India. However, the Indian Penal Code (Amendment) Act, 1921 repealed Section 61 and 62 which imposed the punishment awarding for forfeiture of property. Yet, there exist certain provisions in the current IPC which provide for forfeiture of property as a punishment:  Section 126 – Committing depredation on territories of power at peace with the Govt of India, Section 127 – Receiving property taken by war or depredation mentioned in Sec.125 and 126 of I.P.C.,  Section 169 – Public servant unlawfully buying or bidding for a property.

GENERAL EXCEPTIONS UNDER IPC section 76-80

  1. Mistakes of Fact- Section 76 excuses a person from criminal liability who is bound by law to do something and thereby executes it, or who in good faith, due to a mistake of fact believes that he is bound by law and so does it. Mistake as a mitigating factor refers to the rule that when a person who is not aware of the existence of the relevant facts or has mistaken them, commits a wrongful act, he neither had an intention to commit it nor were the consequent unlawful results foreseen by him. Hence his trial must commence on the fiction of the facts as were mistakenly believed by him and not in accordance with how they actually are. However, Section 79 exempts a person who owing to a mistake of fact and not a mistake of law, believes that his actions are justified by law. It is important to note here that protection under Section 76 and 79 are only applicable to mistake of facts and not to mistake of law which is based on the Common law maixm, “ignorantia facti doth excusat, ignorantia juris non excusat” which means ignorance of fact excuses, ignorance of law does not excuse. The underlying objective of the rule says that everyone is expected and presumed to know the law. Hence, ignorance of such things which everyone is duty-bound to know cannot absolve a person by justifying his ignorance on the particular subject matter
  2. .Judicial Acts – Section 77 and 78 renders safeguards to judges and their ministerial staff, who are acting as judicial officers to execute the orders of the judges. The underlying objective of this Section is to ensure that the judges should discharge their duties independent of fear of any consequences. The entire idea behind this concept is to protect public policy. In the case of Ram Pratap Sharma v. Dayanand a judge of Punjab & Haryana High Court while addressing the members of the Bar, began criticizing the govt policies and its ineffectiveness in operation of the administration. Some members of the Bar wrote a letter to the Prime Minister of India, stating that the speech of the judge was not appropriate and hence actions be taken against him. A notice of contempt was issued to the signatories of the letter by the Punjab & Haryana High court.

In reply to the letter, the members of the Bar stated that the letter was sent not with the purpose of vile and ill-will, but only with good faith. Moreover, there had been no publicity regarding the same. Also, the intention was to create a privileged communication regarding the inappropriate conduct of the judge and with a view to upholding the dignity of the court. Further, the immunity to a judge by virtue of Section 77 is not only with regards to the power exercised under judicial authority, but also acts done by him in the application of judicial authority which he reckons in good faith was authorised to him by law.

  1. Accident and misfortunes –Section 80 and section 81 

Section 80 exempts a person from criminal liability if the act was done without any criminal intent or knowledge and the accident occur while doing a lawful  act. Also the act must have been committed with due care and caution. The entire idea is not to impose on person criminal liabilities because the acts which he did was not only unintentional but also the results were so little expected that it came as a surprise. The act leading to the injury was neither negligent nor wilful and occurred in the ordinary course of things. Section 81 basically provides immunity to those accused persons who did an act which was although evil, was committed in order to avert a bigger evil.Under section 81 it covers two important elements-Necessity knows no law and Necessity overcomes the law. Here it is worthwhile to notice the difference between section 80 and 81. Section 80 contemplates the absence of criminal intention and criminal knowledge as well. However, Section 81 contemplates the absence of criminal intention alone. Immunity under Section 81 is only stipulated under such situations wherein the accused committed an offence without any trace of criminal intent and in good faith in order to avoid or prevent other harm to a person or property.