Indian Penal Code ( An Introduction)
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Indian Penal Code with Flow Chart
IPC (Principles of Criminal Liability)
Indian Penal Code ( Sec. 1 -Sec. 5)
Chapter -2 General Explanations
Chapter – 2 IPC General Explanation (Public Servant)
Sexual Offence Rape Sec. 375 with amendment
Punishment for Sexual Offence Rape
Study Material on IPC Chapter- IV General Exceptions
Module – 3
General Exceptions
Sec. 6 of IPC states that every definition of an offence, every penal provision, and each illustration of every such definition or penal provision, must be understood subject to the exceptions contained in the Chapter entitled “General Exceptions” However, the exceptions are not reproduced in such definition, penal provision, or illustration.
Chapter IV of Indian Penal Code, 1860 provides following acts which are exempted under the code from criminal liability where the accused is not charged of the crime committed. As the acts show absence of mens rea i.e. guilty mind. While Actus rea and mens rea are two essential elements to impose criminal liability on accused.
Sec. – 76. “Act done by a person bound, or by mistake of fact believing himself bound, by law.”
Sec. – 77. “Act of Judge when acting judicially.”
Sec. – 78. “Act done pursuant to the judgment or order of Court.”
Sec. – 79. “Act done by a person justified, or by mistake of fact believing himself justified, by law.”
Sec. – 80. “Accident in doing a lawful act.”
Sec. – 81. “Act likely to cause harm, but done without criminal intent, and to prevent other harm.”
Sec. – 82. “Act of a child under seven years of age.”
Sec. – 83. “Act of a child above seven and under twelve of immature understanding.”
Sec. – 84. “Act of a person of unsound mind.”
Sec. – 85. “Act of a person incapable of judgment by reason of intoxication caused against his will.”
Sec. – 86. “Offence requiring a particular intent or knowledge committed by one who is intoxicated.”
Sec. – 87. “Act not intended and not known to be likely to cause death or grievous hurt, done by consent.”
Sec. – 88. “Act not intended to cause death, done by consent in good faith for person’s benefit.”
Sec. – 89. “Act done in good faith for benefit of child or insane person, by or by consent of guardian.”
Sec. – 90. “Consent known to be given under fear or misconception.”
Sec. – 91. “Exclusion of acts which are offences independently of harm caused.”
Sec. – 92. “Act done in good faith for benefit of a person without consent.”
Sec. – 93. “Communication made in good faith.”
Sec. – 94. “Act to which a person is compelled by threats.”
Sec. – 95. “Act causing slight harm.”
Of the Right of Private Defense
Sec. – 96. “Things done in private defence.”
Sec. – 97. “Right of private defence of the body and of property.”
Sec. – 98. “Right of private defence against the act of a person of unsound mind. etc.”
Sec. – 99. “Acts against which there is no right of private defence.”
Extent to which the right may be exercised.
Sec. – 100. “When the right of private defence of the body extends to causing death.”
Sec. – 101. “When such right extends to causing any harm other than death.”
Sec. – 102. “Commencement and continuance of the right of private defence of the body.”
Sec. – 103. “When the right of private defence of property extends to causing death.”
Sec. – 104. “When such right extends to causing any harm other than death.”
Sec. – 105. “Commencement and continuance of the right of private defence of property.”
Sec. – 106. “Right of private defence against deadly assault when there is risk of harm to innocent person.”
The above exceptions come in following category:-
- Judicial Acts ( Sections 77, 78)
- Mistake of fact ( Sections 76, 79)
- Accident ( Section 80)
- Absence of criminal intent ( Sections –81 – 86, 92 – 94)
- Consent ( Section 87, 90)
- Trifling Acts ( Section 95)
- Private defence ( Section 96 – 106)
According to section 105 of the Indian Evidence Act, 1872, Onus of proving exception lies on accused
When a person is accused of any offence, the burden of proving the existence of circumstances which comes in general exceptions of the Penal Code lies on accused.
Case Law
Although the law lays down that the onus of proving circumstances which give the benefit of a General exception to an accused person lies on him, and in the absence of evidence the presumption is against the accused, this does not mean that the accused must lead evidence. if it is apparent from the evidence on the record, whether produced by W/e Any act is done by a person who believes himself bound by law to do it, or in good faith by reason of a mistake of fact and not by reason of a mistake of law, then the act is no offence. the prosecution or by the defence, that a general exception would apply, then the presumption is removed and it is open to the court to consider whether the evidence proves to its satisfaction that the accused comes within the exception. Musammat Anandi, ( 1923) 45 All 329
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