Question
In which of the following offences, the element of mens
rea is required to be proved?Solution
IPC Section 300 Murder is the act of causing the death of a person with the intention of causing death or with the intention of causing bodily injury that is likely to cause death. There are certain exceptions and explanations provided in the IPC that specify the nature of murder and the various circumstances that could lead to it. Kidnapping (Section 359-369 IPC): Kidnapping involves the act of taking away or enticing a person by force, deceit, or coercion, with the intent to wrongfully confine that person. The IPC differentiates between kidnapping from India, kidnapping from lawful guardianship, and related offenses. Waging War Against the Government of India (Section 121 IPC): Waging war against the Government of India is an offense that involves conspiring or attempting to wage war against the Indian government. The offense is considered to be a grave threat to the security and sovereignty of the nation. Sedition (Section 124A IPC): Sedition involves any act that brings or attempts to bring hatred or contempt towards the government established by law in India. It includes any act that disclaims, questions, or disrupts the authority of the government.
'A' is tried for the murder of 'B' by intentionally shooting him dead. In trial, the irrelevant fact is:-
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