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Component 2

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rudra
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COMPONENT 2

SEMINAR AND TEACHING MODULE

TOPIC: GENERAL EXCEPTIONS UNDER INDIAN PENAL CODE, 1860

The Indian Penal Code (IPC), 1860 recognizes defences in Chapter IV


under “General Exceptions”. Section 76 to 106 covers these defences
which are based on the presumption that a person is not liable for the
crime committed. These defences depend upon the circumstances
prevailing at that point of time, mens rea of person and reasonability of
action of that accused.

Mistake of Fact (sec. 76 and 79) : Section 76: Act done by a person
bound or by mistake of fact believing, himself to be bound by law in
included. Nothing is an offence which is done by a person who is or by
reason of a mistake of fact, not by mistake of law in good faith believes
himself, to be, bound by law to do such act. Section 79: Act done by a
person justified or by mistake of fact believing, himself justified, by law
is included. Nothing is an offence which is done by any person who is
justified by law, or who by reason of mistake of fact and not mistake of
law in good faith, believes himself to be justified by law, in doing that
particular act

Act of Judge (Sec. 77) : Act of Judge when acting judicially. Nothing is
an offence which is done by a judge when acting judicially in the exercise
of any power which is, or which in good faith he believes to be, given to
him by law.

Act performed in pursuance of order of judge (sec. 78) : Act done


pursuant to the Judgement or order of the court. Nothing which is done
in pursuance of, or which is warranted by the judgment or order of, a

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court of justice, if done whilst such judgment or order remains in force,
is an offence.

Accident (sec. 80) :Includes an Accident committed while doing a


lawful act. Nothing is an offence which is done by accident or
misfortune, without any criminal intention or knowledge in the doing of
a lawful act in a lawful manner by lawful means and with proper care
and caution.

Necessity (Sec. 81): Act likely to cause harm, but done without criminal
intent, and to prevent other harm. Nothing is an offence merely by
reason of its being done with the knowledge that it is likely to cause
harm if it is done without any criminal intention to cause harm, and in
good faith for the purpose of preventing or avoiding other harm to
person or property.

Infancy (sec. 82 & 83) : Suppose a child below seven years of age,
pressed the trigger of the gun and caused the death of his father, then,
the child will not be liable. It includes an act of a child above seven and
below twelve of immature understanding. Nothing is an offence which
is done by a child above seven years of age and under twelve, who has
not yet attained sufficient maturity of understanding to judge the nature
and repercussions of his conduct during that occasion.

Insanity (sec. 84) : Act of a person of unsound mind. Nothing is an


offence which is done by a person who at that time of performing it, by
reason of unsoundness of mind, is incapable of knowing the nature of
the act, or that he is doing what is either wrong or contrary to law.

Intoxication (sec. 85 & 86) : A drank alcohol given by a friend thinking


it to be a cold drink. He became intoxicated and hit a person on driving
his car back home. He will not be liable as alcohol was administered to
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him without his will and knowledge. A person intoxicated, stabs another
person under influence of alcohol which was administered to him in the
party against his knowledge or will, will not be liable. But if that person
had stabbed that person under voluntary intoxication, then he will be
liable.

Consent (sec. 87 to sec. 92) : Consent means “to agree upon the same
thing in the same sense.” It is said to be given when a person agrees upon
a thing being done with his own will and not because of any fear, force
or misconception. The element of consent excuses offences against the
human body and property. Sections 87 to section 92 of the Indian Penal
Code lays down that if certain acts are committed with the victim’s
consent, they will not be considered an offence.

Communication (sec. 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 if it is made for the benefit of that
person.

Duress (sec. 94) : Act to which a person is compelled by threats. Except


murder, and offences against the state punishable with death, nothing is
an offence which done by a person compelled to do it under threats,
which, at the time of doing it, reasonably cause the apprehension that
instant death to that person will otherwise be the consequence,
provided the person doing the act did not of his own accord, or from
reasonable apprehension of harm to himself short of instant death,
place himself in the situation by which he became subject to such
constraint.

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Trifles (Sec. 95) : Act causing slight harm is included under this section.
Nothing is an offence by reason that it causes, or that it is 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 ordinary sense and temper would complain
of such harm.

Right to Private Defence (Sec. 96 to sec. 106) : In India, Section 96 to


106 of Indian Penal Code, 1860 provides for provisions relating to the
right of Private Defence of person and property. This right can only be
exercised when recourse to public authorities is not available to a
person. One of the main principles on which the right of private defence
is based is the ‘reasonableness’ of the defense used. The extent to
exercise the right of private defence depends on the reasonableness of
the apprehension of the danger and not on the extent of actual danger.

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