Section Code: 0059 - 0065
PROVISIONS APPLICABLE TO GENERAL OFFENCES
Chapter 4: Criminal Liability
Section 59. Intention or Negligence
A person shall be criminally liable only when such person commits an act intentionally, except in case of the law provides that such person must be liable when such person commits an act by negligence, or except in case of the law clearly provides that such person must be liable even though such person commits an act unintentionally.
To commit an act intentionally is to do an act consciously and at the same time the doer desired or could have foreseen the effect of such doing.
If the doer does not know the facts constituting the elements of the offence, it cannot be deemed that the doer desired or could have foreseen the effect of such doing.
To commit an act by negligence is to commit an offence unintentionally but without exercising such care as might be expected from a person under such condition and circumstances, and the doer could exercise such care but did not do so sufficiently.
An act shall also include any consequence brought about by the omission to do an act which must be done in order to prevent such consequence.
Section 60. Unintentional Acts of a Crime
Whenever any person intends to commit an act against a person, but the effect of the doing of such act occurs to another person mistakenly, it shall be deemed that such person intentionally commits such act against the person who suffers from the bad effect of such doing.
But, in case of the law provides for the infliction of heavier punishment on account of individual status or the relation between the doer and the person suffering from the bad effect, such law shall not be applied so as to inflict the heavier punishment on the doer.
Section 61. Mistake as an Excuse
Whenever any person intends to commit an act against a person, but commits such act against another person by mistake, such person may not raise the mistake as an excuse that such person did not intentionally commit such act.
Section 62. Facts that make it a Non-Offense
Whenever any fact, if really existing, will cause the doing of any act not to be an offence, or the doer not to be punishable, or to receive less punishment, and even though such fact does not really exist, but the doer understands mistakenly that it really exists, the doer shall not be guilty, or shall be exempted from the punishment, or shall receive less punishment, as the case may be.
If ignorance of fact according to the third paragraph of Section 59, or the mistake as to the existence of fact according to the first paragraph has occurred through the negligence of the offender, the doer shall be liable for committing the offence by negligence in case of the law specifically provides that the doer shall be criminally liable for the act though committed by negligence.
A person shall receive heavier punishment on account of any fact only when such person must have known of such fact.
Section 63. Reasonable Punishment
If the result of the commission of any offence causes the doer to receive heavier punishment, such effect must be that which may ordinarily occur.
Section 64. Ignorance of the Law
The person shall not be excused from the criminal liability committed by ignorance of law.
But, if the Court deems that, according to the conditions and circumstances, the offender may not have known that the law has been prescribed that such act to be an offence, the evidence may be allowed by the Court in order to such person to produce before the Court, and if the doer, whom the Court believes that, does not know that the law has be so provided, the Court may inflict less punishment to any extent than that prescribed by the law for such offence.
Section 65. Unable to Understand the Illegality of the Act
Whenever any person commits an offence at the time of not being able to appreciate the nature, or illegality of his act or not being able to control himself on account of defective mind, mental disease or mental infirmity, such person shall not be punished for such offence.
But, if the offender is still partially able to appreciate the nature or illegality of his act, or is still partially able to control himself, such person shall be punished for such offence, but the Court may inflict less punishment to any extent than that provided by the law for such offence.