Section 40 -
“Harbour”: A person is said to “harbour” another person who has
committed or intends to commit an offence or who is seeking to evade
arrest when he supplies that other with shelter or food or assists that other
in any way to evade arrest.
CHAPTER 3.
CRIMINAL RESPOSIBILITY
Section 41 -
“Common Knowledge”: a person is presumed, unless the contrary is
proved, to have knowledge of any material fact if such fact is a matter of
common knowledge.
Section 42 -
“Presumption of Knowledge of an Intoxicated Person”: A person who
does an act in a state of intoxication is presumed to have the same
knowledge as he would have had if he had not been intoxicated.
Section 43 -
“Acts of a Person Incapable of Judgment by Reason of Intoxication
Caused Against his Will”: No act is an offence which is done by a person
who, at the time of doing it, did not possess the power of appreciating the
nature of his acts or of controlling them by reason of intoxication caused
by any substance administered to him against his will or without his
knowledge.
Section 44-
Act done by Person Bound or Justified by Law: No act is an offence
which is done by a person who is legally bound to do it or justified by law
in doing it, or who by reason of a mistake of fact and not by reason of a
mistake of law in good faith believes himself to be bound by law to do it
or justified by law in doing it.
Illustration –
(a) (“A”) an officer of a Court being ordered by that Court to arrest (“Y”) and
after due enquiry believing (“Z”) to be (“Y”) arrests (“Z”). (“A”) has
committed no offence.
(b) (“A”) sees (“Z”) commit what appears to (“A”) to be a murder. (“A”) in the
exercise to the best of his judgment exerted in good faith of the power which
the law gives to all persons of arresting murderers in the act seizes (“Z”) in
order to bring (“Z”) before the proper authorities. (“A”) has committed no
offence, though it may turn out that (“Z”) was acting in self-defense.
Section 45 - Act of Court: Nothing is an offence which is done by a person when
acting judicially as a Court or as a member of a Court in the exercise of any
power which is or which in good faith he believes to be given to him by law.
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