arrow
arrow
arrow
Read the following: (1) The maxim "Actus me invito factus non est mens acts" finds application in Section 94 of I.P.C. (2) The maxim "diminis no
Question

Read the following:
(1) The maxim "Actus me invito factus non est mens acts" finds application in Section 94 of I.P.C.
(2) The maxim "diminis non curat lex" has been incorporated in Section 95 of I.P.C.
Of the above:

A.

(1) is true and (2) is false.

B.

(1) is false and (2) is true.

C.

Both (1) and (2) are true.

D.

Both (1) and (2) are false.

Correct option is C


The correct answer is (c) Both (1) and (2) are true.
· Statement (1): The legal maxim "Actus me invito factus non est mens actus" translates to "an act done by me against my will is not my act." This principle is reflected in Section 94 of the Indian Penal Code (I.P.C.), which deals with acts done under compulsion or threats. According to this Section, a person is excused from criminal liability if the act was committed under the threat of death or grievous hurt, provided the person was not willingly participating in the criminal activity.
· Statement (2): The maxim "de minimis non curat lex" translates to "the law does not concern itself with trifles." This principle is incorporated in Section 95 of the I.P.C., which states that any harm caused that is so minor that no reasonable person would complain about it is not considered an offence under the law.
Information Booster:
1. Section 94 I.P.C.: Provides immunity from criminal liability for acts done under duress, except in cases of murder or offences against the State.
2. Section 95 I.P.C.: Aims to prevent the legal system from being clogged with insignificant issues that do not require judicial intervention.
3. Actus Reus (Guilty Act): The physical element of a crime that must be voluntary to constitute an offence, reinforcing the application of "Actus me invito factus non est mens actus."
4. Mens Rea (Guilty Mind): Refers to the mental state or intent behind the act, highlighting the importance of voluntariness.

test-prime-package

Access ‘State Judiciary PCS J’ Mock Tests with

  • 60000+ Mocks and Previous Year Papers
  • Unlimited Re-Attempts
  • Personalised Report Card
  • 500% Refund on Final Selection
  • Largest Community
students-icon
368k+ students have already unlocked exclusive benefits with Test Prime!
test-prime-package

Access ‘State Judiciary PCS J’ Mock Tests with

  • 60000+ Mocks and Previous Year Papers
  • Unlimited Re-Attempts
  • Personalised Report Card
  • 500% Refund on Final Selection
  • Largest Community
students-icon
368k+ students have already unlocked exclusive benefits with Test Prime!
Our Plans
Monthsup-arrow