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Questions and Answers
According to the passage, why is responsibility important in determining guilt?
According to the passage, why is responsibility important in determining guilt?
Based on the passage, when is a person criminally liable?
Based on the passage, when is a person criminally liable?
In what circumstances may irresponsibility arise, according to the passage?
In what circumstances may irresponsibility arise, according to the passage?
How is responsibility presumed by the Court when a person is accused of a crime?
How is responsibility presumed by the Court when a person is accused of a crime?
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What is necessary to make a person liable for punishment according to the passage?
What is necessary to make a person liable for punishment according to the passage?
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What is the primary focus of determining responsibility or irresponsibility according to the passage?
What is the primary focus of determining responsibility or irresponsibility according to the passage?
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According to the text, when does the burden of proving the accused's irresponsibility shift to the defense?
According to the text, when does the burden of proving the accused's irresponsibility shift to the defense?
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What condition must be fulfilled before a person can be convicted of an offence?
What condition must be fulfilled before a person can be convicted of an offence?
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What is considered a condition precedent to the fulfillment of the requirement as to guilt according to Art. 48?
What is considered a condition precedent to the fulfillment of the requirement as to guilt according to Art. 48?
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Who has done their best to lay down the criteria for responsibility?
Who has done their best to lay down the criteria for responsibility?
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How do spiritualists define responsibility?
How do spiritualists define responsibility?
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Who cannot commit punishable crimes according to the text?
Who cannot commit punishable crimes according to the text?
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When can the Court entertain doubt about the mental condition of the accused?
When can the Court entertain doubt about the mental condition of the accused?
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What becomes necessary once a 'question' arises according to Arts. 48 and 49?
What becomes necessary once a 'question' arises according to Arts. 48 and 49?
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What is defined in terms of free will, according to the text?
What is defined in terms of free will, according to the text?
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'Irresponsible' for his acts means being:
'Irresponsible' for his acts means being:
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Study Notes
Determining Guilt and Responsibility
- Responsibility is important in determining guilt as it requires a person to have control over their actions and be accountable for them.
Criminal Liability
- A person is criminally liable when they have committed an act with a guilty mind, and their actions were accompanied by mens rea (guilty mind).
Irresponsibility
- Irresponsibility may arise due to mental defects, diseases, or disorders that affect a person's ability to understand the nature and consequences of their actions.
Presumption of Responsibility
- The Court presumes a person to be responsible when they are accused of a crime, unless proven otherwise.
Liability for Punishment
- To be liable for punishment, a person must have committed a culpable act with a guilty mind, and be responsible for their actions.
Determining Responsibility or Irresponsibility
- The primary focus of determining responsibility or irresponsibility is to establish whether a person had control over their actions and was accountable for them.
Burden of Proof
- The burden of proving the accused's irresponsibility shifts to the defense once the prosecution has established a prima facie case against the accused.
Conditions for Conviction
- A condition precedent to the fulfillment of the requirement as to guilt is that the accused must have been responsible for their actions at the time of the crime.
Criteria for Responsibility
- The German philosopher, Immanuel Kant, did his best to lay down the criteria for responsibility.
Spiritualist's View of Responsibility
- Spiritualists define responsibility as a moral and spiritual concept, emphasizing the importance of moral principles and values in guiding human behavior.
Punishable Crimes
- Minors and insane persons cannot commit punishable crimes, as they lack the capacity for moral responsibility.
Doubt about Mental Condition
- The Court can entertain doubt about the mental condition of the accused if there are reasonable grounds to suspect that they were irresponsible at the time of the crime.
Investigation and Inquiry
- Once a doubt arises about the accused's mental condition, it becomes necessary to investigate and inquire into their mental state at the time of the crime.
Definition of Responsibility
- Responsibility is defined in terms of free will, emphasizing the importance of moral agency and self-control in making choices and taking actions.
Meaning of 'Irresponsible'
- A person who is 'irresponsible' for their acts lacks control over their actions and is not accountable for them.
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Description
Test your knowledge on the concept of criminal responsibility and the factors that determine a person's mental fitness and ability to control their actions in a court of law.