NIOS Class 12 Introduction to Law Chapter 8 Techniques of Law and Remedies – II

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NIOS Class 12 Introduction to Law Chapter 8 Techniques of Law and Remedies – II

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Techniques of Law and Remedies – II

Chapter: 8

Module – 2 Function and Techniques of Law

INTEXT QUESTIONS 8.1 

1. Explain the basis of general principle of Criminal Law. 

Ans: The general principle of Criminal Law is based upon the term ‘Actus Reus’ and ‘Mens Rea’.

2. State briefly the necessary conditions for a ‘crime’. 

Ans: The necessary conditions for crime is based upon the following equation: CRIME = ACTUS REUS + MENS REA (concurring in time) 

3. Explain the meaning of the terms ‘Actus Reus’ and ‘Mens Rea’. 

Ans: ‘Actus Reus + Mens Reas means that an act alone could not creat ‘criminal liability’ unless it is accompanied by a guilty state of mind.

INTEXT QUESTIONS 8.2 

1. Define ‘Defences’ as described in Criminal Law? 

Ans: ‘Defenses’ in Criminal Law refer to the ‘remedies’ available to the defendant to plead not guilty for the charges being made in the case against the defendant. Therefore, these defenses are the pleas given by the defendant in the trial of the case to prove his / her innocence against the charges being levied on the defendant by the plaintiff

2. Give a list of ‘Defences’ as described in chapter IV of the Indian Penal Code (IPC).

Ans: Following are the ‘Defenses’ available to the defendant to prove that he / she is not guilty: These ‘defenses’ are provided in two lists these are as follows:

• Act of a person bound by law to do a certain thing.

• Act of a Judge acting judicially.

• Act done pursuant to an order or a judgment of a Court.

• Act of a person justified, or believing himself justified, by law.

• Act caused by accident.

• Act likely to cause harm done without criminal intent to prevent other harm.

• Act of a child under 7 years.

• Act of a child above 7 and under 12 years, but of immature understanding.

• Act of a person of unsound mind.

• Act of an intoxicated person and partially exempted.

• Act not known to be likely to cause death or grievous hurt done by consent of the sufferer.

• Act not intended to cause death done by consent of sufferer.

• Act done in good faith for the benefit of a child or an insane person by or by the consent of guardian.

• Act done in good faith for the benefit of a person without consent.

• Communication made in good faith to a person for his benefit.

• Act done under threat of death.

• Act causing slight harm.

• Act done in private defense.

(ii) Categories of Defenses in Chapter IV of the IPC:

• Judicial Acts.

• Mistake of Fact.

• Accident.

• Absence of Criminal Intent.

• Consent.

• Trifling Acts.

• Private Defense.

INTEXT QUESTION 8.3 

1. Explain briefly the reasons for the enactment of Right to Information Act, 2005. 

Ans: The main reasons for the enactment of Right to Information were (i) increasing volume of corruption, (ii) unwanted delay in the work and (iii) lack of transparency.

2. Name the official Public Document containing Guidelines for the information seekers. 

Ans: “How to get Information from the Public Authorities of the Central Government under the Right to Information”. 

3. State briefly the main aim of passing the Right to Information (RTI) Act, 2005. 

Ans: The aim of Right to Information Act, 2005 is to ‘bring information to the citizens’.

4. Fill in the blanks:

(a) The Right to Information Act, 2005 contains __________ Chapters, __________ Sections and ___________ Schedules. 

Ans: Six Chapters, Thirty-one Sections and two Schedules. 

(b) The Right to Information Act, 2005 is updated till __________.

Ans: February, 2011

TERMINAL EXERCISES

1. What is the literal meaning of ‘Actus Reus’? 

Ans: The Latin term Actus Reus literally means “guilty act.” It refers to the physical act or conduct that constitutes a crime — the external or visible part of an offense.

2. What is the literal meaning of ‘Mens Rea’? 

Ans: The Latin term Mens Rea literally means “guilty mind.” It refers to the mental element or intention behind committing a crime — the internal, psychological state of the offender.

3. What is the full form of ‘RTI’? 

Ans: The full form of RTI is Right to Information.

4. What is essential for a ‘crime’? 

Ans: A ‘crime’ may be an act of disobedience to a law that forbids or commands something. However, disobedience to every law is not a crime  for example, disobedience of civil laws or laws of inheritance or contracts.

Therefore, a ‘crime’ means something more than mere disobedience to a law it is an act that is both forbidden by law and offensive to the moral sentiments of society.

For instance, robbery or murder is a ‘crime’ because they are morally revolting to society, while disobedience of revenue laws or contract laws is not.

Furthermore, the moral sentiments of society are flexible and may change over time with the growth of public opinion and social needs.

5. Define the term ‘Actus Reus’. 

Ans: Actus Reus is a Latin term that means “guilty act.” It may refer to an act of commission (doing something prohibited) or an act of omission (failing to do something required by law). The term, as defined by Russell, means a physical event — the external element of a crime.

The essential condition for actus reus is that the act must be voluntary. Acts done while sleepwalking, during an epileptic fit, or in an unconscious state are generally excluded, except where such conditions were known and the person voluntarily put themselves in that risky situation.

Examples, ‘m pushes ‘y’ in pond shows ‘actus reus’ whereas if ‘m’ and ‘y’ while walking near pond and ‘m’ slips and hit ‘y’ and y falls into pond does not comprise of ‘actus reus’. 

6. Define the term ‘Mens Rea’. 

Ans: Mens rea is Latin term that means guilty mind, which is considered as a Cardinal Doctrine of the Criminal Law. Thus, while making decision it has to be made clear that whether the ‘actus reus’ was intentional or it was a unintentional. Thus, state of mind has to be determined only then the puzzle will be broken. The concept of ‘mens rea’ developed in England during the latter part of the common-law era (about the year 1600) when judges began to hold that an act alone could not create criminal liability unless it was accompanied by a guilty state of mind. 

Example, Murder requires malicious state of mind where as larceny requires felonious state of mind.

7. Define ‘crime’ as stated in Criminal Law. 

Ans: A crime is an act of disobedience to a law that forbids or commands a particular act. However, not every disobedience of law is a crime — for example, violation of civil laws, inheritance laws, or contract laws is not treated as a crime.

A crime therefore means an act which is both forbidden by law and revolting to the moral sentiments of society.

For instance, robbery or murder are crimes because they offend the moral conscience of society, whereas the disobedience of revenue or contract laws does not.

Thus, according to Criminal Law,

CRIME = ACTUS REUS + MENS REA (concurring in time)

This means that to constitute a crime, there must be both a guilty act (Actus Reus) and a guilty mind (Mens Rea) existing together.

8. What are the various general ‘defenses’ available to the wrong-doer in Criminal Law? 

Ans: In Criminal Law there are number of ‘defenses’ available to the accused. These defenses are listed as below:

(i) Insanity or mental disorder: It is the most common defense used by the

accused at large to negate the crime effect. Here the accused is declared to be suffering from mental disorder and is not able to take any sensible decision as the accused cannot make a difference between right and wrong.

(ii) Automatism: It means there must have been a total destruction of voluntary

control. This destruction of voluntary control excludes a partial loss of consciousness as the result of driving for too long. Thus, it is a state where muscles of our body act not through mind and / or loss of consciousness. Example, X fall faint as he or she by hearing a knock on the door.

(iii) Intoxication: It is a state where a person in toxicated with some drug or

chemical etc and that intoxicated person lose its control on mental capabilities. Thus, the focus of the defense of intoxication aims to declare the accused denial of mens rea, which means that the mental state of the accused was not guilty for actus reus. Example, m claims defense for a crime because of drug overdose.

(iv) Mistake of fact: Mistake of fact is genuine and is accepted by law. This

is yet another common defense by accused in criminal law, by saying I made a mistake” in conjunction with another defense. Example, a charge of assault on a police officer may be negated by genuine (and perhaps reasonable) mistake of fact that the person the defendant assaulted was a criminal and not an officer.

(v) Necessity/lesser harm: It means that when a criminal act is justified by

highlighting that it was done to prevent much more harm that could have been done and faced. Example, ‘X’ claims that ‘Y’ was critically injured by ‘X’, as ‘Y’ a trespasser intended to put on fire the property of ‘X’.

(vi) Lawful capacity of office and / or legal duty: This defense is primarily

used by the public servants to justify their act as covered and empowered by their authority. Example, a paramedic who forcibly enters a house or building in answer to an emergency call cannot be charged with breaking and entering. Likewise, when a policeman arrests a person on account of carrying of a gun in public that it was feared that the accused possibly could harm some innocent person(s), is not held guilty.

(vii) Self defense: It is an act where a person takes a course of action and while

in course of that action the defendant is injured. The accused may use the defense of self defense in this case. Example, ‘X’ claims that ‘Y’ intended to kill him/her. As a defense ‘Y’ claims that its course of action was an act of self defense. ‘Y’ claims that ‘X’ is a burglar and forcefully barged into his house and to protect its property ‘Y’ attacked ‘X’ and ‘X’ lost one of its limbs.

9. Explain briefly the main provisions of RTI Act, 2005. 

Ans: Main Provisions of the Right to Information (RTI) Act, 2005

(i) Enactment and Objective:

• The Right to Information Act, 2005 was enacted by the Government of India to promote transparency and accountability in the working of every public authority.

• The main aim of the Act is “Bringing information to the citizens.”

(ii) Structure of the Act:

• The Act consists of 6 Chapters, 31 Sections, and 2 Schedules.

• It lays down the procedure for obtaining information and the duties of public authorities.

(iii) Right to Information and Obligations of Public Authorities:

• Every citizen has the right to access information held by public authorities.

• Public authorities are required to maintain records and publish certain information suo motu (on their own) for easy access by citizens.

• Each department must appoint Public Information Officers (PIOs) to provide information to applicants within 30 days.

(iv) Information Commissions:

• The Act provides for the establishment of the Central Information Commission (CIC) and State Information Commissions (SICs).

• These bodies supervise the implementation of the Act and hear appeals or complaints from citizens.

(v) Exemptions from Disclosure:

• Certain information is exempted from disclosure in the interest of national security, sovereignty, and public safety.

• However, if the public interest in disclosure outweighs the harm, such information may still be released.

(vi) Penalties and Appeals:

• If a PIO fails to provide information without reasonable cause, a penalty of ₹250 per day (up to ₹25,000) may be imposed.

• Citizens can file first and second appeals before higher authorities or the Information Commissions.

(vii) Miscellaneous Provision:

• The Act protects officers acting in good faith under the law.

• It also provides for rule-making powers by both Central and State Governments.

10. List the Defences as described in chapter IV of the Indian Penal Code (IPC). 

Ans: List of ‘Defences’ described in chapter IV of the Indian Penal Code (IPC):

(i) Act of a person bound by law to do a certain thing.

(ii) Act of a Judge acting judicially.

(iii) Act done pursuant to an order or judgment of a Court.

(iv) Act of a person justified, or believing himself justified, by law.

(v) Act caused by accident.

(vi) Act likely to cause harm, done without criminal intent, to prevent other harm.

(vii) Act of a child under 7 years.

(viii) Act of a child above 7 and under 12 years, but of immature understanding.

(ix) Act of a person of unsound mind.

(x) Act of an intoxicated person and partially exempted.

(xi) Act not known to be likely to cause death or grievous hurt, done by consent of the sufferer.

(xii) Act not intended to cause death, done by consent of the sufferer.

(xiii) Act done in good faith for the benefit of a child or an insane person by, or by the consent of, the guardian.

(xiv) Act done in good faith for the benefit of a person without consent.

(xv) Communication made in good faith to a person for his benefit.

(xvi) Act done under threat of death.

(xvii) Act causing slight harm.

(xviii) Act done in private defence.

(xix) Trifling acts.

(xx) Right of private defence.

11. List the ‘guidelines’ laid by the RTI Act to file a RTI. 

Ans: The Government of India has also issued guidelines to the information seekers to ease their work and efforts in the process. These guidelines are comprised in the official public document, “How To Get Information From The Public Authorities Of The Central Government Under The Right To Information Act, 2005”

This document contains 17 important topics, which describe every step of the 

process to be followed by an information seeker:

(i) Foreword.

(ii) Object of the Right to Information Act.

(iii) What is Information.

(iv) Right to Information under the Act.

(v) Exemptions from Disclosure.

(vi) Central Public Information Officers (CPIOs).

(vii) Assistance Available from CPIOs.

(viii) Suo Motu Disclosure.

(ix) Method of Seeking Information.

(x) Fee for Seeking Information. 

(xi) Format of Application.

(xii) Disposal of the Request.

(xiii) First Appeal.

(xiv) Second Appeal.

(xv) Complaints.

(xvi) Disposal of Appeals and Complaints by the CIC.

(xvii) Important Websites

12. List ‘Defenses’ as described in Chapter IV of the Indian Penal Code. 

Ans: The following defences (general exceptions) are mentioned under Chapter IV (Sections 76 to 106) of the Indian Penal Code (IPC):

(i) Act of a person bound by law to do a certain thing.

(ii) Act of a Judge acting judicially.

(iii) Act done pursuant to an order or judgment of a Court.

(iv) Act of a person justified, or believing himself justified, by law.

(v) Act caused by accident.

(vi) Act likely to cause harm, done without criminal intent, to prevent other harm.

(vii) Act of a child under seven years.

(viii) Act of a child above seven and under twelve years, but of immature  understanding.

(ix) Act of a person of unsound mind.

(x) Act of an intoxicated person (partially exempted).

(xi) Act not known to be likely to cause death or grievous hurt, done by consent of the sufferer.

(xii) Act not intended to cause death, done by consent of the sufferer.

(xiii) Act done in good faith for the benefit of a child or an insane person, by or by consent of the guardian.

(xiv) Act done in good faith for the benefit of a person without consent.

(xv) Communication made in good faith to a person for his benefit.

(xvi) Act done under threat of death.

(xvii) Act causing slight harm.

(xviii) Act done in private defence.

(xix) Trifling acts.

(xx) Right of private defence.

13. What are general ‘defenses’ available to the offender of a Crime?

Ans: General Defences available to an offender of a Crime:

(i) Act of a person bound by law.

(ii) Act of a Judge acting judicially.

(iii) Act done under the order or judgment of a Court.

(iv) Accident: act done without criminal intention.

(v) Right of private defence (self-defence).

(vi) Necessity: act done to prevent greater harm.

(vii) Infancy: act of a child below 7 years or of immature understanding.

(viii) Unsoundness of mind (insanity).

(ix) Intoxication: without knowledge or against will.

(x) Mistake of fact: done in good faith.

(xi) Consent of the person harmed.