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Approbate and Reprobate in Criminal Defenses

Criminal Procedure & Jurisprudence Terms

Definition

An equitable and procedural principle preventing an accused from taking two contradictory positions or simultaneously accepting and denying the existence of the same transaction during their defense.

Example

An accused cannot claim the complete statutory defense of private defense under Section 96 IPC while simultaneously denying that they were present at the scene or that the physical incident ever took place.