Generalexceptions 151214103106

Sandeep Kulshrestha
Amity Law School

Amity University, MP
Created by Sandeep Kulshrestha
Monday, December 14, 2015
General Exceptions
Section 6 of I.P.C.
Throughout this Code every

definition of an offence, every
penal provision and every
illustration of every such
definition or Penal provision,
shall be Understood subject to
exceptions contained in the
chapter
entitled
General
Exceptions
Chapter IV
Includes section 76 to Section 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
In General Exceptions
As per section 105 of Evidence
Act it A claimant of General
has to prove the existence of
situation
of
general
exceptions
Before enactment of
Indian Evidence Act
1882, Prosecution had
to prove that the case
doesnt fall in any of
the general exceptions,
but section 105 of
Evidence Act shifted
the
burden
on
claimant.
Burden of Proof in General Exceptions

Lies with the Accused
K.M. Nanawati Vs. State of Maharashtra
1962 AIR(SC) 605

Dayabhai Chhaganbhai Thakkar Vs. State of
Gujrat 1964 AIR(SC) 1563
Vijayveersingh Vs. State of Uttar Pradesh
1990 AIR(SC) 1459
Section 76 : Bound by Law

Nothing
is
an
Nothing
is
an
offence
offence which is
which is done by a
done by a person
person who is, or
who by
is, reason
or whoofbya
who
reason ofofa fact
mistake
mistake
and
of fact
not by
not
by and
reason
of
reason ofof mistake
mistake
law in
of law faith
in good
faith
good
believes
himself
believestohimself
be, bound
to
by
to doby
it law to
be,law
bound
do it
By Mistake of fact
Not by mistake of Law
In good faith
Believes himself
Section 77 : Act of Judge

Nothing
is
an
Nothing is an offence
offence
whichby ais
which is done
done
Judge
person bywhoa is,
or
when
who by reasonacting
of a
mistake ofin fact
and
Judicially
Exercise
notanybypower
reason
of
of
which
mistake
of in
lawgood
in
is,
or which
good faith believes
faith
hetobelieves
to
himself
be, bound
be,
given
by law
to dotoit him by
law.
When Acting Judicially

In Exercise of Power
Conferred upon him or
In good faith he believes
Section 77 : Act of Judge

Collector while exercising power under Land
Acquisition Act is neither a judge nor acting
judicially
Surendra Kumar Bhatiya Vs. 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, notwithstanding
the court may have had
jurisdiction to pass such
judgment
or
order,
provided the person doing
the act in good faith
believes that the court had
such jurisdiction.
Must be in force
Act done in compliance of
Passed within jurisdiction
Or In good faith he believes
Section 79 : Justified by Law

Nothing isis an
Nothing
an offence
offence
which isis done
donebybyany
a
which
personwho
whois justified
is, or
person
wholaw,
by reason
a
by
or whoof by
mistake
fact andof
reason
of of
a mistake
not and
by notreason
of
fact
by reason
ofmistake
mistakeofoflaw
law inin
good faith,
faith believes
good
believes
himselfto
to be,
be, justified
bound
himself
bylaw,
lawin
todoing
do it it.
by
By Mistake of fact
Not by mistake of Law
In good faith
Believes himself
Section 79 : Justified by Law

In Uphar Cinema Case Element of Good faith
was lacking as the accused did not act with
proper care & Caution required by law
Susheel Kumar Ansal Vs. State through C.B.I.
2014 (6) SCC 173
10
Section 80 : Accident in doing a Lawful Act
Nothing isis an
Nothing
an offence
offence
which isis done
a
which
doneby by
person orwho
is, or
accident
misfortune,
who
by reason
of a
and
without
any criminal
mistake or
of knowledge
fact and
intention
by reason
of
innot
the doing
of a lawful
mistake
of law
in
act
in a lawful
manner
by
lawful
and
good
faithmeans
believes
with
proper
and
himself
to be,care
bound
caution.
by law to do it
Without
Criminal Intention or Knowledge
Doing of a Lawful act

In a Lawful manner
11
Section 81 : To prevent other harm

Nothingisis an
Nothing
an offence
offence
which by
is reason
done by
merely
of aits
being
the
persondone
who with
is, or
knowledge
that it isoflikely
who by reason
a
tomistake
cause harm,
it beand
done
of iffact
without
any
criminal
not
by
reason
of
intention to cause harm,
mistake
law
and
in goodoffaith
for in
the
good faith
believesor
purpose
of preventing
himself other
to be, harm
boundto
avoiding
person
property.
by laworto
do it
Without Criminal Intention

In Good Faith
To preventing other harm
12
Section 82 : Act of Infant

Nothing
is
an
which is done by a
person who is, or
offence
who by reason of a
which
done
mistake ofisfact
and
not bya reason
of
by
child
mistake of law in
good faith seven
believes
under
himself to be, bound
years
by law to of
do itage.
Below 7 years of Age
13
Section 83 : Act of Child of immature understanding
Nothing
an offence
offence
Nothing isis an
which
done
by abychild
whichis is
done
a
above
personseven
who years
is, orof
age
whoand
by under
reasontwelve,
of a
who
has of
notfact
attained
mistake
and
sufficient
not by maturity
reason ofof
understanding
mistake of to
lawjudge
in
ofgood
thefaith
nature
and
believes
consequences
of his
himself to be, bound
conduct
that
by law to doon
it
occasion.
Above 7 and under 12 years

Immature to understand
To judge the nature
14
Section 84 : Act of person of unsound mind
Nothing
an offence
offence
Nothing isis an
which
by aa
which isis done by
person
at the
personwho,
who
is, time
or
ofwho
doing
by reason
byit,reason
of aof
unsoundness
of mind,
mistake of fact
and
isnot
incapable
of knowing
by reason
of
the
nature of the
act,inor
mistake
law
that
he is
doing
what is
good
faith
believes
either
himself towrong
be, boundor
contrary
law.
by law totodo
it
Incapable of knowing
Nature of the act
Either wrong or
15

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
Hari Singh Gond Vs. State of M.P 2009 AIR(SC) 31
16
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 Rajasthan Versus Shera Ram @ Vishnu Dutta
AIR2012 SC 1
17
Section 85 : Person involuntary intoxicated

which is done by a person
which
is done
a
who,
at the
time ofby
doing
is, orof
it,person
by who
reason
who by reason
of aof
intoxication,
incapable
knowing
the
mistaketheofnature
fact of
and
act,
that reason
he is doing
notor by
of
what
is either
mistake
of wrong
law inor
contrary to law, provided
good faith believes
that the thing intoxicated
himself
to be, boundto
him
was administered
by without
law to do
him
hisitknowledge
or against his will.
Nature of the act

Wrong or Contrary to Law
Administered against his will
18
Section 86 : intention or knowledge if intoxicated
In cases where an act done is

Nothing
is an
offence
not
an offence
unless
done is
which
is done
bydone
a
not
an offence
unless
with
a particular
person
who knowledge
is, or
orwho
intent,bya person
reasonwhoofdoes
a
the act in a state of
mistake shall
of fact
andto
intoxication
be liable
reason
benot
dealt by
with as
if he hadof
the
same
knowledge
he would
mistake
of aslaw
in
have
had faith
if he had
not been
good
believes
intoxicated, unless the thing
himself
to be, bound
which
administered
to him
by law his
to do
it
without
knowledge
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
Nothing
an offence
cause
death orisgrievous
hurt, and
which
is notisknown
which
doneby the
by doer
a
to be likely to cause death or
personhurt,who
is, orby
grievous
is an offence
reason
any harm
whichof
it may
whoofby
reason
a
cause,
or be intended
by the
doer
mistake
of
fact
and
to cause, to any person, above
not by
reason
eighteen
years of
age, whoof
has
given
consent, of
whether
mistake
lawexpress
in
or implied, to suffer that harm; or
faith
believes
bygood
any reason
of harm
which it
himself
tobybe,
may
be known
the bound
doer to be
likely
cause
by to
law
to to
doany
it such person
who has consented to take the
risk of that harm.
Express of implied
Not intended to cause harm
No offence Constitute
20
Section 88 : Act done by consent for benefit
Nothing which is not

Nothingtoiscause
an offence
intended
death, is
a
anwhich
offenceisbydone
reasonby
of any
harm
which who
it may cause,
person
is, oror
bewho
intended
by the doer
by reason
of ato
cause,
or beofknown
the
mistake
fact by
and
doer to be likely cause to
not person,
by reason
of
any
for whose
mistake
in
benefit
it is of
donelaw
in good
goodandfaith
believes
faith,
who has
given a
consent,
himselfwhether
to be,express
boundor
implied,
by lawtotosuffer
do itthat harm;
or to take the risk of that
harm.
Express of implied
For the benefit of the vicitim

21
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
22
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
injury, or under a
misconception 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.
If, given under fear of injury

Or misconception of fact
Or has reason to believe

It given under fear or misconception
23
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 to be likely to
cause, to the person
giving the consent, or on
whose
behalf
the
consent is given.
Under section 87, 88 and 89

Act is an independent offence
Causing abortion itself is offence
24
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
persons 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
25
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.
Made in good faith

For the benefit
Does not Constitute an offence
26
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
Offence of ch. 6 of Capital Punishment
Or Murder
27
Section 95 : Act Causing slight harm

by reason that it
causes, or 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
ordinary sense and
temper
would
complain of such
harm.
De minims non curat lex

Law doesnt take account of trifles
Are not within spirit
28
29
Section 96 : Things done in Private Defense
Nothing is
an offence
which is done
in the exercise of
the right of
private defense
30
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
31
Right of Private defense : When Available ?
Against offence
affecting human
body
Body of own
Body of other
Against offence
affecting Property of
own or others
Theft
Robbery
Mischief
Criminal Trespass
32
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 applicable against act of others
33
Section 99 : Where No Right of Private Defense

There is no right of Private defense against
Reasonable apprehension is basic requirement of right of private
the Act which does not reasonably cause
defense, otherwise no right of private defense is available
the apprehension of death or grievous hurt
Done or attempted to be done by public

servant acting in good faith, under colour No right available to a person knows or has reason to believe , that the
of his office, though the act may not strictly
person doing the act is such public servant
justifiable by law
Done or attempted to be done by the No right available to a person knows or has reason to believe , that the
direction of a public servant acting in good
person doing the act is acting by such direction such public servant
faith, under colour of his office, though the
Or produces the authority if demanded
act may not strictly justifiable by law
Where time is available to have recourse of Only in cases where time to have recourse of the public authority is not
to the protection of public authority
available
Extent to which right may be exercised
No case extends to inflicting more harm than it is necessary to inflict for

the purpose of defense
34
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
Such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the
Secondly consequence of such assault
An assault with the intention of committing rape

Thirdly
An assault with the intention of gratifying unnatural lust

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
35
Section 101 : Against person of unsound mind etc.
If the offence be not of any

description enumerated in
section 100, the right to
private defense of the body
does not extend to the
voluntary causing of death to
the assailant, but does
extend,
under
the
restrictions mentioned in
section 99, to the voluntary
causing to the assailant of
any harms other than death.
Not of any description of S. 100
Does not extend to cause death
Under restrictions of section 99
36
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.
From an attempt or threat of offence

Even the offence not committed
Till the apprehension continues
37
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,
Theft, Mischief or house trespass, under such circumstances as may

reasonably cause apprehension that death or grievous hurt will be
Fourthly consequence. If such right of private defenceis not exercised
38
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
39
Section 105 : Commencement and continuance of Right

The Right of Private Defense
of property against the theft
continues
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 robbery
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
restraint continues
The Right of Private Defense of As long as the offender continues in the commission of
property against the criminal criminal trespass or mischief
trespass or mischief continues
The Right of Private Defense of

As long as the house trespass which has begun by such
property against the House
house breaking continues
Breaking by night continues
40
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.
Right of Private defense is available

Even the offence not committed
Without risk of harm to innocent
Right extends to take such risk

41
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
Thank You
43

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Generalexceptions 151214103106

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Sandeep Kulshrestha

Amity Law School

Created by Sandeep Kulshrestha

Monday, December 14, 2015

Throughout this Code every

Includes section 76 to Section 106

Applicable to all special and Local Laws

Govern offences define in all sections of criminal laws

Created by Sandeep Kulshrestha

Monday, December 14, 2015

Prosecution has to prove its

Monday, December 14, 2015

Burden of Proof in General Exceptions

1962 AIR(SC) 605

Monday, December 14, 2015

Section 76 : Bound by Law

Created by Sandeep Kulshrestha

Monday, December 14, 2015

Section 77 : Act of Judge

When Acting Judicially

Created by Sandeep Kulshrestha

Monday, December 14, 2015

Section 77 : Act of Judge

Created by Sandeep Kulshrestha

Monday, December 14, 2015

Section 78 : In Compliance of Court order

Created by Sandeep Kulshrestha

Monday, December 14, 2015

Section 79 : Justified by Law

Created by Sandeep Kulshrestha

Monday, December 14, 2015

Section 79 : Justified by Law

Created by Sandeep Kulshrestha

Monday, December 14, 2015

Section 80 : Accident in doing a Lawful Act

Doing of a Lawful act

Created by Sandeep Kulshrestha

Monday, December 14, 2015

Section 81 : To prevent other harm

Without Criminal Intention

To preventing other harm

Created by Sandeep Kulshrestha

Monday, December 14, 2015

Section 82 : Act of Infant

Below 7 years of Age

Created by Sandeep Kulshrestha

Monday, December 14, 2015

Section 83 : Act of Child of immature understanding

Above 7 and under 12 years

To judge the nature

Created by Sandeep Kulshrestha

Monday, December 14, 2015

Section 84 : Act of person of unsound mind

Created by Sandeep Kulshrestha

Monday, December 14, 2015

Section 84 : Act of person of unsound mind

mind, if he at the time of doing the act, is either incapable

Monday, December 14, 2015

Section 84 : Act of person of unsound mind

State of Rajasthan Versus Shera Ram @ Vishnu Dutta

Created by Sandeep Kulshrestha

Monday, December 14, 2015

Section 85 : Person involuntary intoxicated