All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

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31.

in which of the following instances is an accused most likely to be guilty of an offence under the Indian Penal Code, 1860?

A: where a lawful act resulted in an unforeseen injury due to an accident.
B: Where the injury is caused while acting pursuant to an order of the Court.
C: Where the injury is caused by a judge while acting judicially.
D: Where the injury caused is very slight and trifle, according to the accused.
E: Where the injury caused by accused when he is of unsound mind.

The answer is: D

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Explanation

The correct option is D Where the injury caused is very slight and trifle, according to the accused.

This is because the Indian Penal Code, 1860, does not recognize any de minimis rule, which means that no act is punishable unless it causes some harm or injury of a substantial nature. The accused cannot escape liability by claiming that the injury was too trivial or insignificant to constitute an offence. The intention and knowledge of the accused are irrelevant in such cases. The only exception is when the injury is caused by a child under seven years of age, who is presumed to be incapable of committing any offence.

Some examples of offences where the degree of injury is immaterial are:

- Section 323: Voluntarily causing hurt
- Section 341: Wrongful restraint
- Section 354: Assault or criminal force to woman with intent to outrage her modesty
- Section 379: Theft
- Section 499: Defamation