ARSON CRIMINAL LAW: INTODUCTION REACTIONS

KARIM M. G. (2019). COMPLIED NOTES ON ARSON : A STUDENT COMPENDIUM.

 According to section 319 TPC, arson is the willful setting fire to any building, structure
or any vessel whatever, either complete or not or to any stack of cultivated vegetable fuel, or to a
mine, or the working, fitting or appliances of a mine.

To constitute arson:

 The accused set fire to any of the thing aforesaid.

 He did so willfully and unlawfully

That He Did So Willfully

It must be shown that the act was willful. It must be shown that it was by the conscious act of the
accused. Burning a house through negligence or accident is not arson.

In the case of SIXTUS AMIN V. R. (1967) H.C.D. No. 6, the accused set fire and burnt the
complainant’s house. The court held that where the evidence establish an accused careless or
negligent conduct but doesn’t establish willful and unlawful behavior as here arson conviction
can’t stand.

That He Did So Unlawfully

It must be shown that he had no lawful excuse for doing so. In other words, it must be shown that
he acted with an evil mind or maliciously. But where a person sets fire in his own house without
endangering life or adjacent buildings such act is not parse unlawful. But there may be
circumstances in which a person who sets fire to his own house could be guilty of arson. It all
depends on the circumstances of the case.

In MWAKARIFU V. R. (1967) H.C.D. No. 185, the accused set fire to his house in order to
end relationship with his wife. The court held that it would have been unlawfully for him to set
fire to his own property if a person was in the premises or other buildings belonging to other
people were endangered.

Setting Fire to Crops and Growing Plants

The main elements of this offence according to section 321 TPC are:

 That the act was both willful and unlawfully.

 That the crops, grass, tress, etc was under cultivation or was cultivated.

 Mere accident or negligence will not suffice.

INJURING ANIMALS

According to section 325 TPC, the act of the accused must be willful and unlawful. The damage
must not be incidental to another offence. It is important also to note what animals are capable of
being stolen under section 257TPC.