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Section 95 IPC: De Minimis Doctrine

This document is a research proposal submitted by Ankit Kumar to study the legal doctrine of de minimis non curat lex, or "the law does not concern itself with trifles," as codified in Section 95 of the Indian Penal Code. The proposal outlines the objectives, hypothesis, research questions, methodology, and tentative chapter outline for the study. The objectives are to understand the object and applicability of Section 95, and the meaning of "harm." The hypothesis is that reasonable people do not complain about trivial matters. The research questions focus on the object of Section 95 and how compounding of trivial offenses is done.

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Abhishek Kumar
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26 views3 pages

Section 95 IPC: De Minimis Doctrine

This document is a research proposal submitted by Ankit Kumar to study the legal doctrine of de minimis non curat lex, or "the law does not concern itself with trifles," as codified in Section 95 of the Indian Penal Code. The proposal outlines the objectives, hypothesis, research questions, methodology, and tentative chapter outline for the study. The objectives are to understand the object and applicability of Section 95, and the meaning of "harm." The hypothesis is that reasonable people do not complain about trivial matters. The research questions focus on the object of Section 95 and how compounding of trivial offenses is done.

Uploaded by

Abhishek Kumar
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

DE MINIMIS NON CURAT LEX

A research proposal submitted in partial fulfillment of the course Criminal Law-I for obtaining
the degree of B.B.A [Link] (Hons.) for the academic session 2019-20

SUBMITTED BY:

Ankit kumar

Roll no- 2007

SUBMITTED TO:

Dr. Fr. Peter Ladis F

August, 2019

Chanakya National Law University

Nyaya Nagar, Mithapur


INTRODUCTION:
De minimis is a latin expression meaning “about minimal things”, normally in the terms de
minimis non curat lex (the law does not concern itself with trifles), a legal doctrine by which a
court refused to consider trifle matters. The provision is in section 95 of IPC 1860 and state that
section 95 Act causing slight harm- Nothing is an offence by reason that it causes, or that it is
intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that
no person of ordinary sense and temper would complain of such harm.

A man living in a society, undeniably, cannot either avoid inconvenience to himself or others. It
would b, therefore, an idle travesty of law to deal with such delinquencies as crimes. Section 95,
hence, intends to exclude from the operation of the court those cases which, from the
imperfection of the language, fall within the penal law but are yet not within its spirit and ‘to
prevent penalization of negligible wrongs or offences of trivial character’

Section 95 will come into play only when the act complained of amounts to an offence, and ‘no
person of ordinary sense and temper’ would complain of it. Where the act is of such the nature
that it will not be an offence, even independent of this section, then there is no question of
applying this section. whether an act which amounts to an offence is trivial, however, would
depend upon the nature of the injury, the position of the parties, the relation between them, the
situation in which they are placed, the knowledge or intention with which the offending act is
done in other related circumstances. It cannot be judged solely by the measures of physical of
other injuries the act causes.

OBJECTIVES OF THE STUDY


1. To understand the object and applicability of the section 95.
2. To understand the meaning of harm.

HYPOTHESIS
1. No reasonable man complains of trifles. No man can pass through a crowded
thoroughfare without treading on somebody’s toes or without clashing against somebody
and no reasonable man would complain of such small annoyances. The provisions are
unnecessary for ordinary men, but there are eccentric people all over the world, and it is
to guard against eccentricities that a formal provision of law of this kind is needed.

RESEARCH QUESTIONS
1. What is the object of Section 95 of IPC?
2. How is compounding of trivial offences are done?
RESEARCH METHEDOLOGY
The researcher uses doctrinal as well as non doctrinal method of research.

SOURCES OF DATA
The researcher has utilized the primary and secondary sources of information in the project. The
primary sources include ground work and judicial enactments and observations. The secondary
sources are books, web journals, magazines, articles and blogs.

TENTATIVE CHAPTERISATION
1. Object and applicability of section 95 of IPC.
2. Meaning of harm.
3. Offences under public welfare enactments.
4. Compounding of trivial offences.
5. Conclusion, Criticism and Suggestions

CONCLUSION

BIBLIOGRAPHY
I. BOOKS-
1. IPC, 1860
2. Criminal Law –I, P S A Pillai
II. Websites

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