DOCTRINE OF 112-131CAUSATION: INCONGRUITY IN ITS APPLICATION UNDER THE INDIAN PENAL CODE, 1860 AND NEED FOR CONSOLIDATION

ABSTRACT This paper seeks to explore the concept of doctrine of causation. An attempt has been made to discuss the brief historical account of how causation evolved to be an essential ingredient of criminal legal jurisprudence. The approaches of causation primarily adopted by the English courts have also been explained, especially the three stages viz. factual causation, imputable causation and novus actus interveniens, as proposed by Eric Colvin. The paper further explores how un-codified common law principles compared with the codified Indian Penal Code, 1860, while deciding the cases related to homicide, murder, rash and negligent acts. The paper also seeks to analyse the incongruity in the Indian Penal Code, 1860 while dealing with doctrine of causation.