General exceptions under IPC

May 17, 2023

This article has been written by Ms. Naina Singh, a 2nd year Law student from Amity University.

ABSTRACT

Chapter IV was introduced in the Indian Penal Code to safeguard a person who was in the same position getting penalized; Chapter IV of the Indian Penal Code, 1860, protects against a crime or makes an offense a non-offense.

Not merely protection out of requisite but various other exemptions is provided if the accused is insane or intoxicated and other scenarios mentioned below. Section 76 to 106 provides for the “right associated with social people” to guard his life and those of others. This also covers these defenses, which are based on the presumption that a person is not liable for the crime committed and depends upon the circumstances prevailing at the point of time, mens rea of the person, and reasonability of action of that accused. Different means and conditions to get protected or guard somebody is laid straight down further in this article which is handled in detail.

THE EXCEPTIONS ARE:

Section 76 and 79: Mistake of Fact

Section 76 deals with facts’ mistakes and is sometimes thought to be a good defense. It states that no action is considered an offense if the work is performed by someone due to a mistake of fact and believes himself to be bound by law by doing the work and not because of the error of law.

The blunder of reality cannot be good protection. The act done is maybe not appropriate. No one could be doing an illegal act such as dealing drugs and then appeal incomprehension of the fact. Therefore, someone cannot shoot someone by the mistake of fact and then never assume that they did not desire to kill that individual but intended to kill the other person.

Under Section 79, no act of criminal activity is considered an offense if somebody did the work in a good faith thinking that it is justified according to the legislation.

The distinction between part 76 and part 79 is. In Section 79, the accused is assumed to be justified by legislation, and in Section 76, the accused is considered bound by law.

Section 77 to 78: Judicial Acts

Judicial acts deal with special cases related to the activities of courts and judges. Section 77 states that any act done by a judge, having faith that it is justice, is not a crime. Consequently, a judge who sentenced a person to death because of incorrect judgment is not chargeable to be given a death sentence for causing someone’s death.

Likewise, in section 78, an act done by order of a Court of Justice or judgment in which somebody doing an act believes that the Law court has jurisdiction and in good faith isn’t an offense. For example, if the hangman is someone who is killing and hanging a prisoner under the order of what the law states, then the hangman cannot be sentenced to death.

Hence in This section, any officer of the statutory law carrying out an order of the court is protected. In contrast, part 77 states that the judge must be under his jurisdiction to be protected by it.

Section 80: Accident

The functions of crime carried out by accident lie under this section and states that no crime or act is an offense when carried out by misfortune or accident.

Without criminal intention or knowledge
The doing of the act that is justifiable in a legal manner by legal means
With care and caution

Section 81-86 and 92-94: The Absence of Unlawful Intent

The purpose of the design of doing an offense without excuse or cause is known as criminal intent. Often the acts are done without any criminal intent yet be seemingly illegal or offensive.

Acts mentioned in Sections 81-86 and 92-94:-

Section 81 – The act did avoid any harm

Section 82 and 83 – Act of a child

Section 84 – Act of lunatic or insanity

Section 85 and 86 – Act of a person affected by alcohol or drugs.

Section 92 – Bonafide act for another benefit

Section 93 – Communication made in good faith

Section 94 – Act did under threat or compulsion

Section 87 – 91: An act carried out by permission

The fifth exception is down in sections 87 – 91 and talks about how far an action done by consent will be excused in law. In these sections, it is essential to notice that consent plays a role necessary to criminal law; additionally, the presence of permission impacts innocence and illegal activity.

Section 90 lays down what is not permission:

An individual causes the injury.
Consent is offered to an individual who, from unsoundness of brain or intoxication, cannot realize the nature of this to which he provides their particular authorization.
A new son or daughter under 12 years

Section 95- act causing small harm

This is the sixth exception in section 95. It states that if a person causes any harm and that damage is indeed slight that no individual of ordinary sense and mood would complain of such harm, it is no offense. Thus, accidents and acts that are deliberate are covered in this section.

Section 96-106: Right of Private Defence

This seventh exception is usually set straight down in sections 96-106. It states that the proper security that is private is the right to protect an individual and property from the illegal hostility of others.

CONCLUSION

An accused or an offender, if proven guilty, must be responsible for his offense and convicted with prescribed punishment. To constitute a crime and establish the happening of an offense includes several facets, and intent that is unlawful or evil, is an essential element of an offense. Crime is not merely unlawful work. Nonetheless, it additionally comprises a guilty head, guilty intention, and guilty acts. The basic exceptions beneath the Indian Penal Code are only meant to protect the people where the criminal intent is absent and exceptional conditions as mentioned above.

REFERENCES

May 17, 2023