JB/067/240/001

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1828 Dec 17
Penal CodeII. Offences Severally
Ch. Offences affectg person
§. Topics for consideration

By the consideration of the remedies will therefore be
for subject matters of consideration.

On the occasion of Offences affecting the body
distinguishable subject matters of consideration are the
following:
1. The maleficent act: and whether positive or negative.
1. Its nature: 2. its duration. See Offences D.1: Ch. Offences transitory and continuous: by , quasi continuous.
2. The maleficent effect.
3. In the case of the body, the part affected.
4. The maleficent instrument. Refer to B.1. Ch. V.
5. The ultimate effect intended whether the one produced or a
different one, if a different one whether a maleficent neutral or beneficent on, if maleficent
whether in the same degree
in a greater degree or in a
less degree, if beneficent
one whether the preponderance as between the
effect intended & the effect
produced be on the side
of maleficence or on the
side of beneficence⊞
⊞ Note here that on the effect produced is
proportion to the evil of the 1st order on the effect
intended the evil of the 2d order.

Antecedently to the maleficent act
1. The maleficent design: the maleficent effect intended
or not intended: if intended, intended as one and, a means or a collateral effect.
2. The maleficent preparation or preparations
3. The maleficent attempt or attempts
4. The efficient motive or motives constituting in the aggregate
{Refer to Offences collateral, in }

the (b) inducement: viz. 1. self regarding: as in case of homicide
for self preservation or for : or antisocial, as in case of homicide for , or , as in
case of homicide for
preservation of a
person

5. The counter-motives the tendency of which has
been to prevent the maleficent act by preventing the
prosecution of the maleficent design.

The motive not being plainly as to self regarding, antisocial or
social, the efficient cause of the maleficent acts may have been :
of that due attention which if bestowed would
prevented the act. Exempt Orders be a wrong by Army Minister.

(a) Note that where the act is negative the evil of the 2d order
is scarce in any instance near so great, as where the act is of the positive stamp.

The loss or deterioration of any substance or
The remedies which in the second cases the maleficent act or its
maleficent effects are susceptible of.

With the effect intended are connected the
design & the motive.

So the maleficent effect may be either transitory or continuous
1. transitory as where the instrument is a weapon natural or
artificial operating by : or an edifice or other
immoveable thing, operating by its own , or by
operation carried on in it.

Identifier: | JB/067/240/001 "JB/" can not be assigned to a declared number type with value 67.
Date_1	1828-12-17	Marginal Summary Numbering	6
Box	067	Main Headings	penal code
Folio number	240	Info in main headings field	penal code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d3 / e3
Penner	george bentham	Watermarks
Marginals	george bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	22073
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