Volume : IX, Issue : X, October - 2019

Role of Consent in Civil & Criminal Liabilities: A Comparison

Kiran Charan

Abstract :

Kelson’s “Pure theory of law” was based on ‘grand norm’ which is supreme, unique, irrevocable and perpetual. Thus "law" which is presented in legislative written format is the supreme virtue of legal system. All civilians have to obey the law as it is and it decide & declare the ration of liabilities of civilians as legal duties/obligation/penalties. As an exception "Consent" has a significant existence in both of civil laws and criminal laws. It is an important element who can change the complete legal scenario of any civil & criminals liability. Sometime an innocent person can be saved from undue liabilities and a mischievous person or offender can be punished who is not involved in the offense directly. The consent is an impression & reflection that the mirror of liabilities was hold by whom. Consent can expose each & every fact of the circumstances in which it was given consent is an theoretical perspective of "res Ipsa loquitor".

Keywords :

Article: Download PDF    DOI : 10.36106/ijar  

Cite This Article:

ROLE OF CONSENT IN CIVIL & CRIMINAL LIABILITIES: A COMPARISON, Kiran Charan INDIAN JOURNAL OF APPLIED RESEARCH : Volume-9 | Issue-10 | October-2019

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