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Discussion

Read Assertion (I) and Reason (II) and with the help of codes given below select the correct explanation. Assertion (I) : Section 95 of IPC is intended to prevent penalisation of negligible wrongs of trivial character because : Reasons (II) :

(a) The injury is negligible.
(b) The victim and the wrongdoer were related to each other.
(c) The injured and the offender were not related by circumstances.
(d) The nature of injury was very minor.
Codes :

  • A.(a) is true and (d) is the reason while (b) and (c) are not true.
  • B.(b) is true and (c) is the reason while (a) and (d) are false.
  • C.(c) is true and (d) is the reason while (a) and (b) are not true.
  • D.(d) is the only reason while all others (a), (b) and (c) are false.

Answer: A

The injury is negligible and its nature is very minor.

Section 95 of the Indian Penal Code expresses the maxim de minimis non curat lex: an act is not an offence when the harm is so slight that no person of ordinary sense and temper would complain of it. The key takes (a) as true, with (d) as the reason.

The relation between the victim and the wrongdoer, or whether they were related by circumstances, does not decide whether the section applies, so (b) and (c) are not true.

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