Important Doctrines/Principles under IPC

This article titled ‘Important Doctrines/Principles under IPC’ deals with various important doctrines and principles used in the Indian Penal Code along with brief descriptions.

Important Doctrines/Principles under IPC

1. Doctrine of Transferred Malice

The ‘Doctrine of Transferred Malice’ is expressly not defined in the Indian Penal Code. Rather it is inferred from Section 301 of the Indian Penal Code. Section 301 states that if a person does any act which he knows or intends that is likely to cause death, commits culpable homicide and by causing the death of any person, whose death he neither intends to nor knows by himself that by his act will cause the death of that person.

2. Principle of Intra and Extra-Territorial Jurisdiction

This is detailed from Section 2-5 of the Code.

3. Doctrine of Private Defense

The right to private defence gives right to defend oneself from any reasonable apprehension of danger. Section 96-106 codify the same.

4. Doctrine of Necessity

Section 81 codifies this in providing that nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property.

5. De minimus non curat lex

An abbreviated form of the Latin Maxim de minimis non curat lex, “law is not concerned with small things.” A legal doctrine by which a court refuses to consider trifling things. Section 95 codified this.

6. Principle of Vicarious Liability

7. Principle of Alter Ego and Corporate Criminal Liability

This is codified under Section 11 which provides that a person includes a juristic person

8. Actus Reus Non Facit Reum Nisi Mens Sit Rea

The standard common law test of criminal liability is expressed in the Latin phrase actus reus non facit reum nisi mens sit rea, i.e. “the act is not culpable unless the mind is guilty”. As a general rule, someone who acted without mental fault is not liable in criminal law.

9. Acts Ne Invito Factus Est Mens Actus

This principle is codified under Section 94 of the Penal Code.

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