Tortious Act โ‰  Intentional Act? Think Again!

torts clat_pg advanced myth_bust

Ye coaching institutes hamaara dimaag chalate hain? I mean, seriously, how many times do I need to tell you people that Section 86, IPC is not applicable in tort cases? It's a criminal law provision that's meant for IPC sections 73-87, specifically for "punishment for culpable homicide not amounting to murder" ( IPC S.86: No person shall be punished under this Chapter and Chapter XXII). Don't get me started on the notes which mention IPC S.86 in tortious act cases. It's a mess, folks. The real game-changer here is the law of absolute liability in tort cases, e.g. in the case of Keshav Mills Co. Ltd. v. State of Gujarat (1971 1 SCC 288, 302).

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