generalexceptions-151214103106.pptx

Sandeep Kulshrestha
Amity Law School
AmityUniversity, MP

GeneralExceptions
Section 6 of I.P.C.
“Throughout this Code every
definition of an offence, every
penal provision and every
such
illustration of every
definition or Penal provision,
shall be Understood subject to
exceptions contained in the
chapter entitled General
Exceptions”
ChapterIV
Includes section 76 toSection 106
Applicable to all special and Local Laws
Govern offences define in all sections of criminal laws

General Principle
Prosecution has to prove its
case beyond reasonable doubt
against the accuse
enactment of
Before
Indian Evidence Act
1882, Prosecution had
to prove that the case
doesn’t fall in any of
the general exceptions,
but section 105 of
Evidence Act shifted
the burden on
claimant.
InGeneral Exceptions
As per section 105 of Evidence
Act it A claimant of General
has to prove the existence of
situation of general
exceptions

BurdenofProofinGeneralExceptions
4
Lies with theAccused
 K.M. NanawatiVs.State of Maharashtra
1962AIR(SC) 605
 DayabhaiChhaganbhaiThakkarVs.State of
Gujrat 1964AIR(SC) 1563
 VijayveersinghVs. State ofUttar Pradesh
1990AIR(SC) 1459

Section 76 : Bound by Law
which is done by a
person who is, or
Nothing is an
offence if done by a
person who is or
which by reason of
a mistake or by face
and not by mistake
of law believes him
to be bound by law
to do it
ByMistakeoffact
Not by mistake of Law
In good faith
Believes himself

Section 77 :Act of Judge
Nothing is an offence
good faith believes
Nothing is an
owffheicnhceis d
wo
n
he
ichb
y ais
iJ
su
, do
gre
d
p
o
en
rs
e
onby
who
a
w
w
h
he
onby reason
ac
o
tfin
a
g
Jm
ud
isit
c
a
ik
ae
llyoifnfE
ax
ct
era
cn
is
de
o
n
foa
tny
by
pow
ree
as
row
n hio
cf
h
is
m
,io
st
rak
w
ehio
cf
h iln
aw
goo
in
d
fahiimthsehlfetobeblei,evbeousntdo
b
b
e
y
,la
gw
ivt
e
o
ndo
to
ithim by
law.
WhenActingJ
udicialy
In Exercise of Power
Conferred upon him or
In good faith he believes
6
Created by Sandeep Kulshrestha Monday,December 14, 2015

Section77:ActofJudge
7
Collector while exercising power under Land
AcquisitionAct is neither a judge nor acting
judicially
Surendra Kumar BhatiyaVs. Kanhaiya Lal &
Others AIR 2009 SC 1961

Section 78 : In Compliance of Court order
Nothing which is done in
pursuance of, or which is
warranted by the judgment
or order of, a court of
justice, if done whilst is
warranted by a judgment or
order remains in force, is an
offence,
the court
notwithstanding
may have had
jurisdiction
judgment
to pass
or
such
order,
provided the person doing
the act in good faith
believes that the court had
such jurisdiction.
Mustbeinforce
Actdoneincomplianceof
Passed within jurisdiction
Or In good faith he believes
8

Section 79 : Justified by Law
N
N
o
o
t
h
t
h
i
n
i
n
g
giissa
a
n
noofffefennccee
w
w
hh
ic
ic
hhisisdd
oo
nn
eeby
byan
ay
pp
ee
rs
ro
so
nnwh
w
oho
is ju
iss
,tifo
ie
rd
bw
yho
law
by
, roerasownhoof bay
re
m
ais
so
ta
nko
ef o
af m
fa
is
cttak
a
e
nd
of
fa
nc
o
ttanb
dynortea
bs
yor
n
eas
o
o
fn
om
f is
m
ta
is
k
te
akeofoflalw
aw in
in
ggoodd ffaaiitthh, bbeelileievveess
hh
im
im
se
se
lflfto
tob
b
ee
,,ju
bs
otu
if
n
ie
dd
b
b
y
y
l
a
l
a
w
w
,itnoddooinitgit.
ByMistakeoffact
Not by mistake of Law
In good faith
Believes himself
9

Section79:JustifiedbyLaw
10
InUpharCinemaCase Element ofGood faith
was lacking as the accused did not act with
proper care &Caution required by law
Susheel KumarAnsalVs.State throughC.B.I.
2014 (6)SCC 173

Section 80 : Accident in doing a LawfulAct
N
N
oo
th
th
in
ig
ngiis
s a
an
n of
o
ff
e
fn
en
ce
ce
w
wh
hi
cih
chiissdodnoenebybay
ap
cc
eir
d
se
o
n
n
t ow
r hm
o isfio
s,
rtuo
nr
e,
awndhowitbhyourteaansoyncriomfinaal
i
n
m
t
e
is
n
t
t
ai
o
k
n
e oorf k
fn
a
o
ctw
l
ae
nd
g
de
innothte dboyingreoafsoanlawofful
am
ctisit
nak
ae law
of
fulla
m
w
ann
in
er
bgyooladwffualithmebaenlsievaensd
w
h
i
t
i
m
hseplrfoptoerbec,abreounandd
ca
bu
ytlia
ow
n.to do it
Without
CriminalIntentionorKnowledge
Doing of a Lawful act
In a Lawful manner
11

Section 81 :To prevent other harm
NN
ot
o
htih
ng
ingis
is aa
n
noff
oe
ff
n
ec
ne
ce
m
w
er
h
e
ilc
yh biy
s r
d
eo
an
so
en b
o
y
f a
its
bpeienrgsondonwehowiitsh, othre
kn
w
o
h
w
o
led
bg
ye r
te
ha
at
so
it
nisolf
ike
aly
tomc
ia
su
ts
ae
k
eh
a
r
om
f,iffaitcbteadnodne
wnitohtoutby anreasy
oc
n
rimo
in
f
alintention to cause
harm,
anmdisitnakgeoodoffaitlhawfor itnhe
p
u
gr
op
oo
ds
e foafithprevbeenltieinvgesor
av
ho
im
idis
n
e
glf o
to
the
bre,h
b
ao
rm
und
to
pebrysolanwortporodpoeirtty
.
Without Criminal Intention
In Good Faith
T
o preventing other harm
12

Section 82 :Act of Infant
which is done by a
mistake of fact and
mistake of law in
himself to be, bound
by law to do it
N
No
o
th
tin
h
giin
s a
g
n o
is
ffea
ncn
e
o
pe
frf
se
on
nc
w
e
ho is, or
w
wh
h
o
ic
by
hre
is
aso
d
n
o
o
n
f
e
a
bn
o
yt bya reas
c
oh
n ilo
d
f
u
go
n
od
d e
fa
rith sb
e
elv
iee
ve
n
s
years of age.
Below 7 years ofAge
13

Section 83 :Act ofChild of immature understanding
N
N
o
o
t
h
t
h
i
n
i
n
g
giissa
a
n
noofffefennccee
w
w
hh
ic
ic
hh
is id
son
de
on
be
y a
bc
yhia
ld
ap
be
or
v
se
onsev
w
eh
no ye
is
a
,rs oo
r f
aw
ge
ho
an
b
d
y u
rn
ed
ae
so
r n
tw
o
e
flva
e,
w
m
h
o
i
s
t
a
h
k
a
e
s onfotfaactttaainnedd
su
nf
o
ft
icieb
ny
t m
rea
ats
u
o
rn
ity oo
f f
um
nd
is
etra
sk
ta
endo
in
fg t
la
ow
judig
ne
ogfootdhefaitnhatubreelievaensd
ch
oi
n
m
se
sq
eu
lfet
n
o
ce
b
s
e, b
oo
fun
h
d
is
that
cb
oy
nd
la
uw
ctto do
oin
t
occasion.
Above 7 and under 12 years
T
o judge the nature
Immature to understand
14

Section 84 : Act of person of unsound mind
N
N
o
o
t
h
t
h
i
n
i
n
g
giissa
a
n
noofffefennccee
w
w
hh
ic
ic
hh ii
ss done b
b
y
y aa
pp
ee
rs
ro
so
nn
whw
o,
ha
ot th
ise
, tim
ore
o
w
fdhoinbgyit,rebaysroenasoofnaof
u
m
n
s
i
o
s
t
u
a
n
k
d
e
n
e
o
s
f
sfoacftmainndd,
isniontcapbayblereoafskonnowionfg
th
m
eis
n
ta
at
k
u
e
re of thle
aw
act,in
or
th
ga
ot
oh
de ifs
aid
th
oinb
ge
w
lie
hv
ae
ts
is
eh
itih
m
es
relf to
wb
ro
en
, g
bound
or
cboyntlraawrytotodloawit.
Incapable of knowing
Nature ofthe act
Either wrong or
15

Section84:Actofpersonofunsoundmind
16
 A person is exonerated on the ground of unsoundness of
mind, if he at the time of doing the act, is either incapable
of knowing the nature of the act, or that he is doing what is
either wrong or contrary to law.
 Every person who is mentally diseased, is not ipso facto
exempted from criminal liability -- Legal insanity has to be
distinguished from mental insanity -- Accused is required to
legal insanity arising out of Section 105 of Evidence Act --
Burden is not so onerous, as is on prosecution to prove the
guilt of the accused, instead, same may be equated to
burden of proof is rests on a plaintiff -- Factually Courts
below, held that Section 84 had no application -- No
occasion found to interfere with those findings
 HariSinghGondVs. State of M.P 2009AIR(SC) 31

Section84:Actofpersonofunsoundmind
17
 Plea of insanity -- Doctrine, 'furious nulla voluntus est' and 'actus non facit reum
nisi mens sit rea' -- Burden of proof -- Mental disorder, 'epileptic psychosis' or
'epilepsy‘ -- What would generally an offence, would not be so if ingredients of
Section 84 are satisfied, mens rea is generally taken to be an essential element
of a crime -- Doctrine, 'furious nulla voluntus est' postulates that, a person who
is suffering from a mental disorder cannot be said to have committed a crime as
he does not know what he is doing -- For committing crime, intention and act
both are taken to be the constituents of the crime, 'actus non facit reum nisi
mens sit rea' -- But a person alleged to suffering from any mental disorder
cannot be exempted ipso facto -- Onus would be on accused to prove by expert
evidence that he is suffering from such a mental disorder or mental condition
that he could be expected to be aware of the consequences of his act -- Once a
person is found to be suffering from mental disorder or mental deficiency, which
takes within its ambit hallucinations, dementia, loss of memory and self control,
at all relevant times by way of appropriate documentary and oral evidence, the
person concerned would be entitled to seek recourse to general exception.
 State of RajasthanVersusShera Ram @Vishnu Dutta AIR2012SC 1

Section 85 : Person involuntary intoxicated
NN
ot
o
htih
ng
ingis
is aa
n
noff
oe
ff
n
ec
ne
ce
which is done by a person
w
wh
o
h,
ica
ht tihse dtiomneeofbdyoiang
itp
, erso
bn
y wh
re
o
aso
in
s, or
of
inwtohxoicabtiyonr,eianscoanpabolfe aof
k
nmoiw
sti
nag
k
eth
e
ofna
ft
au
cr
e
t oafntdhe
ac
nto
, tor bty
hat re
ha
eso
is
n do
o
in
fg
wmhaitstaiskeeithoefr w
lar
wo
ng inor
c
ognotor
a
dr
yftaoitlhaw
,beplrioevvideesd
that the thing intoxicated
hi
h
m
imw
se
as
lf a
to
dm
b
in
ei,st
b
eo
re
u
d
nd
to
hi
b
m
y w
laiw
tho
to
utd
ho
isik
tnowledge
or against his will.
Nature ofthe act
Wrong or Contrary to Law
Administered against his will
18

Section 86 : intention or knowledge if intoxicated
I
n
Nc
oa
s
te
hs
inw
gh
e
ir
se
a
a
n
na
oc
ft
fed
o
nn
ce
ei
s
not an offence unless done is
no
w
t ha
in
choff
is
enc
d
eou
nn
e
lesb
s ydo
a
ne
wpitehrsaopnartiwcu
hl
aor kniso,wleodrge
orwinhtoentb,yap
re
er
as
o
sn
onw
h
oo
fd
o
ae
s
th
m
e
ist
a
a
ct
ke in
of a
fac
s
t
tat
a
e
ndof
intoxication shall be liable to
be
no
de
talt b
wy
ith a
rs
eia
fs
ho
en
hado
th
f e
sa
m
mie
st
ka
nk
ow
eled
o
gf
e as
la
h
w
e wo
iu
nld
h
a
gv
oe
oh
da
dfifahitehhabdenloietvb
ee
se
n
i
n
ht
o
imx
i
c
sa
et
e
lfd
,
tou
n
l
be
es
s
, t
bh
oe
ut
nh
di
n
g
which administered to him
wbit
yh
o
luatw h
toi
s dkoniotwledge or
against his will.
shall presume,he had that
Even if he is intoxicated
Administered against his will
19

Section 87 :Voluntary caused injuries
Nothing which is not intended to
c
a
Nu
s
oe
td
he
a
int
h
go
r
isg
r
ai
e
nv
o
ou
s
ffh
eu
nr
t
,
ca
en
d
w
h
wi
c
hh
ici
s
hn
o
it
sk
n
do
w
on
neb
y t
b
h
y
edaoer
to
pb
ee
rsl
o
ik
n
ely t
w
o
h
c
o
ause
is
d
,eath
oror
grievous hurt, is an offence by
r
e
wa
s
ho
n
oo
f
ba
yn
yh
rea
r
am
sow
nh
i
c
h
oi
ftmaay
ca
m
use
is
,t
oa
r k
be
eint
o
ef
nde
fd
ab
cy
tth
a
en
dd
oer
to cause, to any person, above
ein
gh
o
te
ten b
ye
y
ars o
re
f a
ag
se
o
,n
whooh
fas
gim
ven
ist
co
an
k
se
ent, o
w
fheth
la
ew
r expirn
ess
org
im
op
oli
d
ed, t
fo
as
iu
th
ffer t
b
he
atlih
e
av
rm
e;
sor
by any reason of harm which it
m
ha
y
imb
e
sek
n
lfo
w
tn
ob
byt
eh
,eb
d
o
o
e
u
rnt
odb
e
likbelyyt
laowc
a
u
ts
oet
do
oa
n
iy
tsuch person
who has consented to take the
risk of that harm.
Express of implied
Not intended to cause harm
No offence Constitute
20
Monday,December 14, 2015

Section 88 : Act done by consent for benefit
Nothing which is not
in
Nte
on
td
he
id
ngto
isc
aau
nse
odffe
ea
nth
c,
ei
s
an
wo
hfifc
eh
nce
isbydro
en
as
e
onb
o
y
f aa
ny
ha
pre
m
rsw
oh
n
ichw
ith
m
o
ay c
is
a,use
o
, r
or
be
wi
h
no
ten
b
dy
edrb
ey
as
to
he
n do
of
era
to
ca
m
us
is
et
,a
o
k
rebe
of
kno
fa
w
c
n
t ba
yntd
he
doer to be likely cause to
annyot pebrsyon,reafosronwhoofse
be
m
ni
e
s
ft
it
ak
it
e is o
df
one
laiw
n go
in
od
f
a
gi
t
oh
o,dan
dfawith
ho hbaselgieivveensa
c
o
hn
ims
e
n
st
e,
lw
f h
toe
t
h
be
er
,e
x
bp
or
ue
s
ns
do
r
i
m
bp
yl
i
le
ad
w,totosudfofeirtthat harm;
or to take the risk of that
harm.
Express of implied
For the benefit of the vicitim

Section 89 : For benefit of child or insane
Nothing which is done in
good faith for the benefit of
person under twelve years
of age, or of unsound mind,
by or by consent, either
express or implied, of the
guardian or other person
having lawful charge of that
person, is an offence by
reason of any harm which it
may cause, or be intended
by the doer to cause or be
known by the doer to be
likely to cause to that
person.
Of child or insane
For the benefit of child or insane

Section 90 : Consent under fear or misconception
A consent is not such a
consent as is intended by
any section of this code,
if the consent is given by
a person under fear of
misconception
injury, or under a
of fact,
and if the person doing
the acts knows, or has
reason to believe, that
the consent was given in
consequence of such fear
or misconception.
Or misconception of fact
If,given under fear of injury
Or has reason to believe
Itgivenunderfearormisconception

Section 91 : Exclusion of Act Constitute an offence
The exceptions in section
87, 88 and 89 do not
extend to acts which are
offences independently
of any harm which they
may cause, or be
intended to cause, or be
known
cause,
to be likely to
to the person
giving the consent, or on
whose behalf the
consent is given.
Act is an independent offence
Under section 87,88 and 89
Causing abortion itself is offence

Section 92 : Act done without consent for benefit
Nothing is an offence by
reason of any harm which it
may cause to a person for
whose benefit it is done in
good faith, even without the
person’s consent, if the
circumstances are such that it
is impossible for that person to
signify that consent or if that
person is incapable of giving
consent, and has no guardian
or other person in lawful
charge of him from whom it is
possible to obtain consent in
time for the thing to be done
with benefit
For benefit,in good faith
His Consent can not be obtained
Does not Constitute an offence

Section 93 :Communication made in good faith
No communication
made in good faith
is an offence by
reason of any harm
to the person to
whom it is made,
for the benefit of
that person.
For the benefit
Made in good faith
Does not Constitute an offence

Section 94 : compelled by threat
Except murder, and
offences against the state
punishable with death,
nothing is an offence
which is done by a person
who is compelled to do it
by threats, which, at the
time of doing it,
reasonably cause the
apprehension that instant
death to that person will
otherwise the
consequence
By threat of instant death
Reasonably cause the apprehension
Offenceofch.6 ofCapitalPunishment
Or Murder

Section 95 :Act Causing slight harm
Nothing is an offence
causes, or
by reason that it
that it
intended to cause, or
that it is known to be
likely to cause, any
harm, if that harm is so
slight that no person of
sense and
would
of such
ordinary
temper
complain
harm.
Law doesn’t take account of trifles
De minims non curat lex
Are not within spirit

Section96:ThingsdoneinPrivateDefense
Nothing is
an offence
which is done
in the exercise of
the right of
private defense

Section 97 :Things done in private defense
Every person
has a right ,
subject to
the
restrictions
contained in
section 99,
to defend:
His own body, and the body of
any other person, against any
offence affecting the human
body
The Property, whether movable or
immovable of himself or any other
person, against any act which is an
offence falling under the definition
of theft, robbery, mischief or
criminal trespass, or which is an
attempt to commit theft, robbery,
mischief or criminal trespass

RightofPrivatedefense:WhenAvailable…?
Against offence
affecting human
body
• Body of own
• Body of other
Against offence
affecting Property of
own or other’s
• Theft
• Robbery
• Mischief
• CriminalTrespass

Section 98 : Against person of unsound mind etc.
When an Act, which would
otherwise be a certain
offence, is not that offence,
by reason of youth, the want
of maturity of understanding,
the unsoundness of mind, or
the intoxication of the person
doing that act, or by reason
of any misconception on the
part of that person, every
person has the same right of
private defense against that
act which he would have if
the act were that offence.
Immature youth
Person of unsound mind
As applicableagainstactofothers

Section 99 :Where No Right of Private Defense
• Reasonable apprehension is basic requirement of right of private
defense, otherwise no right of private defense is available
There is no right of Private defense against
the Act which does not reasonably cause
the apprehension of death or grievous hurt
• No right available to a person knows or has reason to believe , that the
person doing the act is such public servant
Done or attempted to be done by public
servant acting in good faith, under colour
of his office, though the act may not strictly
justifiable by law
• No right available to a person knows or has reason to believe , that the
person doing the act is acting by such direction such public servant
• Or produces the authority if demanded
Done or attempted to be done by the
direction of a public servant acting in good
faith, under colour of his office, though the
act may not strictly justifiable by law
• Only in cases where time to have recourse of the public authority is not
available
Where time is available to have recourse of
to the protection of public authority
• No case extends to inflicting more harm than it is necessary to inflict for
the purpose of defense
Extent to which right may be exercised

Section 100 :Where right of private defense of Body extends to cause death
Firt
• Such an assault, as may reasonably cause the apprehension that death will otherwise be the consequence
of such assault
Secondly
• Such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the
consequenceof such assault
• An assault with the intention of committing rape
Thirdly
• An assault with the intention of gratifying unnaturallust
Fourthly
• An assault with the intention of kidnapping or abduction
Fifthly
Sixthly
• An assault with the intention of wrongfully confining a person under circumstances which may
reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for
his release

Section 101 : Against person of unsound mind etc.
If the offence be not of any
section 100, the right
description enumerated in
to
private defense of the body
does not extend to the
voluntary causing of death to
the assailant, but does
the
extend, under
restrictions mentioned in
section 99, to the voluntary
causing to the assailant of
any harms other than death.
Does not extend to cause death
Not of any description ofS. 100
Under restrictions of section 99

Section 102 : Commencement & Continuance of right
Right of private defense of
the Body commences as
soon as a reasonable
apprehension of danger to
the body arises from an
attempt or threat to
commit the offence
though the offence may
not have been committed;
and it continues as long
as apprehension of danger
to the body continues.
Froman attemptor threatofoffence
Eventheoffence notcommitted
Tillthe apprehension continues

Section 103 : Where right of private defense of Property
extends to cause death
• Robbery
First
• House breaking by Night
Secondly
Thirdly
• Mischief by Fire committed on any building, tent or vessel, which
building, tent or vessel is used for human dwelling, or as a place of
custody of property.case may be,
Fourthly
• Theft, Mischief or house trespass, under such circumstances as may
reasonably cause apprehension that death or grievous hurt will be
consequence. If such right of private defenceis not exercised

Section 104 :When right extends to cause other harm
Section
104
If the offence, the committing of which, or the
attempting to commit which, occasions the
exercise of the right of private defense, be
theft, mischief, or criminal trespass not of any
of the description enumerated in the section
103, the right does not extend to the voluntary
causing of death, but does extend, subject to
the restrictions mentioned in section 99 of the
voluntary causing to the wrongdoer of any
harm other than death

Section105:CommencementandcontinuanceofRight
• Till the offender has effected his retreat with the property
• Or assistance of public authority is obtained
• Property has been recovered
The Right of Private Defense
of property against the theft
continues
• As long as offender causes or attempt to cause to any person death or
hurt or wrongful restraint
• As long as fear of instant death or Instant hurt or instant personal
restraintcontinues
The Right of Private Defense of
property against the robbery
continues
•As long as the offender continues in the commission of
criminal trespass or mischief
property against the criminal
trespass or mischief continues
• As long as the house trespass which has begun by such
house breaking continues
property against the House
Breaking by night continues

Section 106 : Right Against Innocent Persons
If in the exercise of the right
of private defense against
an assault which reasonably
causes their apprehension
of death, the defender be
so situated that he cannot
effectually exercise that
right without risk of harm
to an innocent person, his
right of private defense
extends to the running of
that risk.
RightofPrivatedefenseis available
Eventheoffence notcommitted
W ithout risk ofharm to innocent
Rightextends to takesuchrisk

So, the Right of Private Defense is a right
available to a person to save himself from the
offender, may extend even to cause death of
offender in certain circumstances and even
extended to cause harm to an innocent
person if situation warrants.
The General exceptions are exceptions to
rule, so applicable only exceptional
circumstances as provided in the chapter.
42

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