Ayushi Nanda
Criminal Law

All About General Exceptions Under Criminal Law

Contents hide

1 Introduction:

2 CONCLUSION:

3 FOOTNOTES:

4 INTERNET SOURCES:

5 Related

Introduction:

All About General Exceptions Under Criminal Law

For example, you are suddenly attack by a blocker, and by your reflex action, you will try to defend yourself. So, for your protection from facing any legal consequences by the defend done by you, there are some relief is given

by our Indian law in the name of GENERAL EXCEPTIONS.

Therefore, to protect you or any individual who is in same situation, Chapter 4 of the Indian Penal Code, 1860 protects or makes some particular offence a non-offence. Therefore,

not only protection when it is necessary but various other exceptions will also be given in a condition where a person is not of sound mind or is intoxicate. Section 76 to 106 are like a right gives to people to defend his and others life.

These exceptions are as follows:

Mistake committed due to lack of fact (Sec 76 and 79)
Act done by a judge or court in good faith(Sec 77 and 78)
Act done by mistake or accident(Sec 80)
When there is lack of intention to commit some crime (Sec 81-86,92-94)
Act done by permission (Sec 87-91)
Act resulting in very slight harm (Sec 95)
Right to defend oneself (96-106)

The burden to prove the above-mentioned exceptions lies always on the person committing the wrong

as he needs to bring his wrongdoing under any of these defences. The prosecution must prove the other party guilty. For example,a child who is not of a mature age commits theft. So, the liability to prove child’s innocence lies on his/her parents.

In this article I will be talking about Exception 4. Basically exception 4 is provide under Sec 81-86 also from Sec 92 to 94. As mention above Exception 4 explains a how person can get relief or excuse if the crime commit by him/her is lacking criminal intent. Now proving this fact can be very tricky and

difficult as it’s nearly impossible to imagine that a crime has been committed without any criminal intention,

so this exception has further sub acts which are as follows:

Sec 81 says about an act which is done in order to protect some other person or property from being harm and thus is done in a good faith lacking any criminal intent to cause any damage. For understanding this with more clarity we can look at an example like few people are sailing on a boat and encounter with tide, so the sailor throws all persons travelling inside water to save them.
Sec 82-83: Thesection speaks about the acts done by innocent children under the age of seven. It also provides that this protection is not gives under this code but extends to any other special or local law. In the opinion of law, a child under the age mentioned is incapable to differentiating between right and wrong so any intention that is criminal does not arise.

Though acts done by a child who is above seven years of age but is less than twelve years can be held guilty for the crime committed by them if it is proved that

the particular child has gain enough maturity and is fully aware of the act do by him/her.

To simplify this, we can take an example like if A is above the age of seven and commits murder and it’s prove that he has full understanding of what he did then he can be held responsible for the murder.

Sec 84: An act which is do by a person who is insane, or we can say is not of sound mind gets full protection under criminal law. The legal insanity this section observes is different from medical insanity. A person who is not of sound mind naturally would not have control on oneself so he can’t decide as to what he is doing. A very common disease witnessed by so many people is sleep walking also comes under this category.

However there few theories to determine the insanity of a person. The first theory under this would be that if while committing a crime a person is sane but later becomes insane then he/she can’t be excused, and the history of these

circumstances are necessary factors need to be takes in consideration. For instance, if there is an evidence of pre-medication. Next would be to take an exception under it’s not important that the person should know about the crime, but he should be self-aware of what he’s doing comes under right or wrong.

Third theory is about insane delusion. This can be simplified through a case law name Paras Ram v. State of Punjab in which a father and

his relatives kill his four-year-old son as a sacrifice done to please god. So, in this case SC this act does not by itself prove insanity. Last theory depends upon one’s belief about supernatural powers and ghosts. But if a person is prove to be possess by some negative energies then he/she also gets protection.

Secs. 85-86: This’s about a person who is under the influence of alcohol. Consuming alcohol is more like a personal choice so the person who is drunk and commits any crime can’t be exempt. Though if a person is intoxicate without his own free will or with force can get protection.

Sec 85 says that if a person at the time of commission of any crime doesn’t know that the nature of the act is opposing

to law because he/she is under the influence of alcohol can be exempted. However, if a person becomes insane after getting drink it is a defence.

Sec 86 applies when a particular offence is committed having the knowledge and awareness of the act even though the person is in drunk act in such case it’s punishable unless it’s proven otherwise specifying that

he was intoxicate against his will by the person committing the offense. The intoxication may be result of liquor, medicines, ganja,bhang etc.

To take the defence under Sec 86, the accused should be in such a drunken state that he fail to form an intent.

Sec. 92: An act which is done for benefitting another person comes under this act. It says that if any harm is cause as a result of any offence done by a person in good faith for the benefit of the victim then it doesn’t count to an offence such as if a doctor performs an immediate operation.

Sec 93: Any communication make to a person even if it is harmful for that person but is do which good intention and for his/her own benefit does not count as an offence. For example,

a manager of a company after interviewing a person says him/her that he/she didn’t get select and a result that person dies in shock,

so the manager is not responsible.

Sec.94: This section says that any offence which is done when compel or threaten by any other person to the person who is the accuse won’t be consider as a crime. But such a person put under threat or

compulsion can’t commit murder or crime against state taking protection of this section.

However, a person who on his own will though acting upon some threat or

compulsion decides to join any gang of dacoits can’t take defence Sec 94. But, if any individual gets abduct by any such gang and is force to commit some crime oppose by

law because he has been threaten about his life, can get protection.

Sec. 95: This general exception says that if a person does any harm to another even with knowing that fact to what he/she is doing, causes a slight harm which no one who has a correct temper and is of ordinary sense can’t complain, does not amount to any offence. The harm also covers any real physical injury done.
Sec 96-106: Right of Private Defence: This protection given can be understood by simply reading the title itself. It provides the right to privately defend oneself and property from the unlawful hostility of others. As it is the first duty of a person to be of his own help.

CONCLUSION:

This article gives an insight about the protection allowed or given to people to defend oneself in form of exceptions. The law understands that every criminal wrong done can’t also be punishable as criminal law is all about

knowing the malicious ability of a person.