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Criminal Law

This document provides an introduction to a research proposal on mistake of fact as a general criminal defense. The proposal aims to analyze Sections 76 and 79 of the Indian Penal Code regarding mistake of fact and law. The researcher hypothesizes that mistake of fact is not always used successfully to safeguard the accused and can be misused to avoid liability. Primary sources will include legislative provisions and case laws, while secondary sources are books, newspapers, and websites. The tentative chapters will analyze mistake of fact, the reasons for the legal provision, a critical analysis of Sections 76 and 79, major findings, and conclusions with suggestions.

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Sanjeev Pal
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103 views3 pages

Criminal Law

This document provides an introduction to a research proposal on mistake of fact as a general criminal defense. The proposal aims to analyze Sections 76 and 79 of the Indian Penal Code regarding mistake of fact and law. The researcher hypothesizes that mistake of fact is not always used successfully to safeguard the accused and can be misused to avoid liability. Primary sources will include legislative provisions and case laws, while secondary sources are books, newspapers, and websites. The tentative chapters will analyze mistake of fact, the reasons for the legal provision, a critical analysis of Sections 76 and 79, major findings, and conclusions with suggestions.

Uploaded by

Sanjeev Pal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Mistake of fact as a General Defense

A rough research proposal submitted in partial fulfilment of the course Criminal Law
I, Semester III during the Academic Year 2017 18.

Submitted by

Rajneesh Kr. Gupta, 1636

BBA.LLB

Submitted to

Father Peter Ladis

August 2017

Chanakya National Law University

Nyaya Nagar, Mithapur

800001, Patna
Introduction :

Ignorantia facti doth excusat; Ignorantia juris non excusat.

(Ignorance of fact is an excuse,but ignorance of law is not excused.)

A criminal defense that attempts to limit criminal liability on the ground that the defendant operated
based on an incorrect assumption of fact rather than a criminal purpose. Since mistake of fact is a
defense that puts the defendants intent when he committed the crime at issue and intent is an
element of the crime that the prosecution must prove, if the defendant brings up the defense of
mistake of fact, the burden of proof is on the prosecution to prove, beyond a reasonable doubt, that
the defendant did in fact have the requisite intent to commit the crime. If the prosecution cannot do
that, the defendant must be acquitted. Even though the offender is not under mistake of fact or
whether he is really under mistake of facts his acquittal or conviction is totally dependent on the
representation of the facts by the counsel. So the researcher will undertake this study to identify how
the mistake of law and fact is used and where it is misused.

Objective of the Study :

The researcher has undertaked this research to find out whether Section 76 and 79 of Indian Penal
Code to make a critical analysis of the sections and its different aspects.

Hypothesis :

The researcher assumes that this section is not successfully used for safeguarding the interest of the
accussed and it can also be misused by the wrong doer as a defense to avoid criminal liability.

Research Methodology :

The researcher would like to follow doctrinal method for this research. The researcher will gather
data from both the primary and secondary sources.

Sources of Data :

Primary sources Secondary sources

Legislative provisions Books

Case laws Newspapers

Websites
Scope of the Study :

The research will provide a stepping stone for further research. It will also be useful to the society as
the readers will come to know that how the provision is being used today, sometimes to protect and
sometimes to avoid criminal liability.

Tentative Chapterisation

1. Mistake of Fact
2. Reasons Behind The Insertion Of The Provision Related To Mistkake of Fact Under Indian
Penal Code, 1860
3. SECTION 76 and 79 IPC, 1860: A CRITICAL ANALYSIS
4. Major findings
5. Conclusion
6. Suggestions
7. Bibliography

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