IPC Section 26
Indian Penal Code (IPC) Section 26 – Definition of "Cause"
Text of Section 26 IPC:
"The word ‘cause’ in this Code is understood to signify not only the immediate cause, but also the proximate cause; and where it is not possible to judge of the effect without knowing the cause, the word ‘cause’ includes all causes, and all the joint causes which brought it about, whether they operated on each other or on the effect independently of each other, and whether they operated at the same time or in succession, and whether the effect would not have happened without any one of them."
Detailed Explanation:
Section 26 of the IPC explains what is meant by the term “cause” when it appears in the law. It clarifies that the word "cause" in legal terms does not only refer to the immediate cause (the very last event leading to an effect), but also includes the proximate cause (the cause which is sufficiently related to the effect and without which the effect would not have occurred).
Key Points:
Immediate Cause vs. Proximate Cause:
Immediate Cause: The direct and final event that produces an effect.
Proximate Cause: A cause that is not the last act but is closely enough related to the effect and responsible for it.
All Causes Included:
The section states that all causes that bring about an effect are included.
It covers joint causes, meaning several causes acting together or separately but resulting in the same effect.
Causation Chain:
It applies even if the causes operated on each other (one cause triggering another), or independently.
Causes could act at the same time or in succession (one after the other).
Necessity of Each Cause:
If the effect would not have happened without any one of the causes, all those causes are regarded as "causes" legally.
Why is Section 26 Important?
In criminal law, establishing causation is crucial to proving liability.
For example, to prove murder or hurt, it must be shown that the accused’s act caused the death or injury.
Section 26 broadens the understanding of cause so that responsibility can be attached even when multiple factors contributed to the harmful effect.
Example to Illustrate:
Suppose:
A person injures someone (say by stabbing) — this is one cause.
The injured person does not get proper medical treatment, which worsens the injury — this is another cause (an omission or failure).
Both the injury and failure to treat together cause the death.
Under Section 26, both the stabbing and the failure to treat are considered causes of death, and the accused can be held responsible.
Summary:
“Cause” means all causes, not just the final or immediate cause.
Includes multiple causes working together or separately.
Important in establishing legal responsibility for an effect or result.
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