Abstract
George Fletcher's theory, 'Justification and Excuse in the Criminal Law', has contributed to a deeper theoretical understanding of exculpatory defences in the discipline. It is a theory that not only has important practical implications for evidentiary issues related to criminal trials but also has a bearing on the very fulfilment of the objectives of criminal law. In this article, the author applies Fletcher's theory to exculpatory defences under the Indian Penal Code and finds that it demonstrates an inadequate appreciation of the justification-excuse distinction. As a possible remedy, the author suggests certain amendments and additions to the Indian law pertaining to exculpatory defences in order to eliminate the inconsistencies resulting therefrom and making it theoretically defensible.
Recommended Citation
Kilkara, Ameya
(2007)
"Justification and Excuse in the Criminal Law: Defences under the Indian Penal Code,"
National Law School of India Review: Vol. 19:
Iss.
1, Article 1.
Available at:
https://repository.nls.ac.in/nlsir/vol19/iss1/1
