Criminal Law Defenses

1. GROUP MEMBERS-
Narmadha Sivaranjan
Chamod Ratnayake
Yudara Warnaka
Shalini Paran
N.A Nishadi
Tharika

2. Table of contents
• What does criminal law comprise?........................................................................01
• The building blocks of criminal liability..................................................................02
• Defences.................................................................................................................03
• Section 81 of the penal code..................................................................................04
• Examples and exception to sec.81.......................................................................05
• Section 82 of the penal code..................................................................................06
• Examples and exception to sec.82..........................................................................07
• Section 86 of the penal code..................................................................................08
• Examples and exception to sec.86..........................................................................09
• Section 87 of the penal code...................................................................................10
• Examples and exception to sec.87...........................................................................11
• Questions..................................................................................................................12
• References.................................................................................................................13

3. 01. What does criminal law comprise?
• Crimes are distinguished from other acts and omissions
which may give rise to legal proceedings by the prospect of
state punishment. Which is why criminal law distinguishes
from the civil law and other methods of social control such as
institutional rules or community morality.
 What are the concerns of criminal law?
• a)To forbid and prevent conduct that unjustifiably threatens
substantial harm to individual or public threats
• b)To safeguard conduct that is without fault form
condemnation as criminal.
• c)To give fair warning of the nature of the conduct declared to
be an offence.
• d)To differentiate on reasonable grounds between serious
and minor offences.

4. 02. The building blocks of criminal liability
An offence is a violation of criminal law. It is an act or an omission
prohibited by law.. The offences are recognized under the srilankan
criminal law is found in the penal code (1883). However according to
prof.G.L.Pieris it is difficult to find a proper definition to the word
‘crime and ‘criminal liability.
Basic elements of in criminal law-
 Actus reus (prohibited conduct / external element)-
 Mens rea (internal element/guilty mind/fault element)
Prohibited conduct+mental element=criminal liabilty
The latin maxim actus reus non facit mens sit rea is a shorthand for this
equation. An act is not criminal in the absence of a guilty mind.
eg- crimial liability requires D to have done something criminally
wrong with the blameworthy state of mind.
Note*prosecution must prove each and every element ’beyond

5. 03.Defences
• The third element in criminal liability is (the absence of)defences.
Defences block criminal liability although the elements of the offence
are present. Eg- self defence, consent, duress and necessity.
• The fact that defence block outside the boundaries of the offence
definition has one very significant, if an element of the offence
definition is not present but the accused does not know this when
they are acting, they still escape liability. Eg- A has intercourse with B
believing that she is not consenting when she is in fact consenting, A
is not guilty of rape. Since the basic element of the act (actus reus) is
not present. This is not the case with defences. To rely on a defence
there must not be a good person for the accused acting as they do,
but also the accused must act for that reason.
LET US NOW DISCUSS ABOUT THE SECTION 81,82,86 AND 87 OF THE
PENAL CORD, RIGHT OF PRIVATE DEFENCE.

6. 04.Section 81 of the penal code
• act not intended to cause death done by consent in good
faith for the benefit of a person
• Nothing which is not intended to cause death is an offence
by reason of any harm which it may cause or be known by
the doer to be likely to cause to any person for whose
benefit, it is done in good faith and who has given a
consent, whether express or implied to suffer that harm or
to take the risk of that harm.
Interpretation- even if the act is intended by the doer to
cause, or known by the doer to be likely to cause to any
person for whose benefit it is done in good faith & who has
given a consent would not amount to an offence. The word
good faith is defined in sec.51

7. 05.Example and exception to sec.81
• This defence is mostly used in the instances where a
surgeon not intending to cause the patient’s death but
intending in good faith for the patient’s benefit to perform
an operation with the patient’s consent.
 A surgeon knowing that particular operation is likely to
cause the death of B who suffers under painful complaint
but not intending to cause B’s death and intending in good
faith, B’s benefit, performs that operation on B with B’s
consent, A has not committed an offence.
 Excep.- this defence cannot be used to defend a person
who initially causes the death of a critically ill patient in
order to end his suffering. Euthanasia (nicklinson v uk)is
not recognized in our law, such a person could be punished
under 322of PC.

8. (NICKLINSON V UK)

9. 06.Section 82 of the penal code
Act done in good faith for the benefit of a child or a person
of unsound mind,by or by consent of the guardian
Nothing which is done in good faith for the benefit for a
person under 12 years of age or of unsound mind. An act
done in good faith for the benefit of such a person by or by
the consent either expressly or impliedly of the guardian or
a person having lawful charge of that person is not an
offence by reason of: a)Any harm it may cause, or
b)intended by the doer to cause, or
c) be known by the doer to be likely
to cause to that person.

10. 07.example and exception to sec.82
A situation where a minor is brought to a hospital
after being injured by an accident. He needs to be
operated. The child’s finger needs to be amputated
and that is the harm which the doer intends to
cause if it is done in the good faith for the benefit of
the child & with the permission of his guardian ,
such act would not amount to an offence
Excep.- this defence does not apply to the causing
of harm in order to sell body organs for money.

11. 08.Section 86 of the penal code.
Defence of a communication made in good faith
• No communication made in good faith is an offence
by reason of any harm to that person to whom it is
made, if it is made for the benefit of that person

12. 09.Example and exception to sec.86
• A is a doctor who told patient B that he is suffering
from cancer 3rd stage, after hearing this B
committed suicide, A as a doctor told B in good
faith about his condition, it’s not his fault that he
came into shock and committed suicide

13. 10.Section 87 of the penal code.
The defence of duress
• Nothing is an offence which is done by a person
who is compelled to do it by threats, which is at the
time doing it reasonably cause the apprehension
that instant death to that person will otherwise by
the consequence not an offence and he can seek
protection of this defence.

14. 11.Example and exception to sec.87
A gang of robbers who have captured D and by threatening
him with instant death gets him to unlock a house to rob, in
such a situation D could be charged with abetment to the
robbery, however since he did it for the fear of instant
death he can seek protection under this defence.
 This defence cannot be used for the offence murder.
 this defence does not extend to a person who on his own
accord or by reason of threat of being being beaten places
himself in the situation by which he will become to such
constraint. Eg- if D joins a gang of housebreakers for the
reason of threat and commits and act this defence will not
apply for he joined on his free will.

15. References
• Criminal law- fifth edition by William Wilson.
• Chapter 19 penal code
• Academia.edu
• Bdlaws.minlaw.gov.bd
• Legistify.com