PENAL LAWS IN INDIA: GENERAL EXCEPTIONS (SECTION 76-106)

INTRODUCTION

The Indian Penal code 1860, defines certain General Exceptions from section 76 to 106. These General exceptions are based on the principle that a person is not liable for any type of crime which he has committed. If any person has done any crime then he can take the defense of these General Exceptions.

GENERAL EXCEPTIONS RECOGNIZED UNDER THE INDIAN PENAL CODE ARE AS FOLLOWS:

  1. Mistake of Fact- (Section 76 and 79)

Section 76 includes an act which is done by mistake believes himself to be bound by law. Nothing is an offence which is done by a person which hurts others believing himself to be bound by law. For example if a soldier fires a bullet on the people who are protesting by the command of his officer then he will not be liable for his act.

Section 79 includes an act in which nothing is an offence which is done by a person who is justified by law and by doing that act he believes himself to be justified by law.

  • Justifiable Acts-(Section 77 and 78)

Section 77 includes an act in which nothing is an offence which is done by a judge when acting judicially on any case. Judge will not be liable for any act which he has done by acting judicially.

Section 78 includes the act of a judge who is passing an order of giving the lifetime punishment believes in good faith that the court has jurisdiction will not be liable.

  • Accident- (Section 80)

It includes an act which is done accidentally without any criminal intention with proper care and caution.

For example: A and B went to the zoo, suddenly A fell into the cage of the lion and in a hurry B takes the gun of gunman who is standing nearby and tries to shoot the lion but accidentally he shoots A with bullet and A dies on the spot. B is not liable for any criminal act as he has no criminal intention to kill A.

  • Necessity-(Section81)

It includes an act which is likely to cause harm but it is done without any criminal intention or without guilty mind. It includes an act which is done in good faith for the purpose of preventing harm to others.

For example: A and B went to watch a movie in cinema hall which is at the fourth floor of the mall and suddenly at interval the hall catches fire the A saw a window nearby A asked B to jump but B refused to jumps as he has fear of height the A pushes B from the window to save his and B’s life as a result B got fractured. In this case A is not guilty for his act as A has done this act in necessity to save B’s life.

  • Infancy-(Section 82 and 83)

Section 82 includes an act which is done by a child who is below 7 years of age. Any act which is done by a child who is below 7 years of age is not a criminal act.

For example: If a child who is below 7 years of age mistakenly fires a bullet of a gun on his father then he is not liable for any type of crime.

Section 83 includes an act which is done by a child who is above 7 years of age and below 12 years of age. Any act which is done by a child who is above 7 years of age and below 12 years of age is not an offence.

  • Insanity-(Section 84)

It includes an act which is done by a person who is of unsound mind. The criminal act which is done by any person who is of unsound mind is not guilty of any criminal act which he has done.

For example: A killed B with a gun in unsoundness of mind thinks that it is a fun game then A is not liable for any act as he has done this act with unsoundness of mind.

  • Intoxication-(Section 85 and 86)

Section 85 includes an act which is done by a person who is intoxicated against his will. Nothing is an offence which is done by a person who at the time of doing a criminal act is intoxicated but the intoxication is against his will.

For example: In a party A drank alcohol thinking it to be a juice given by his friend and due to intoxication he killed B with a gun without knowing the nature of the act then A is not liable for his act as he has done his act due to intoxication which is given by his friend.

Section 86 applies to the case where an act done is not the offence unless it is done with proper knowledge and with guilty mind. It includes the act which is done due to intoxication which is done by a person himself.

  • Consent-(Section 87-89 and Section 92)

Section 87 includes an act which is done by the consent of both the parties. If A and B both are agreed to play a game like football with their consent then if A got injured by B the B is not liable for any offence as they have played this game with their consent.

Section 88 includes an act which is done in good faith of the person. If a person is doing an act which is in a good faith of the other person and due to his act if the other person got injured then that person is not liable for any criminal act as he has done this act in good faith of the other person.

Section 89 includes an act which is done in good faith of the child who is below 12 years of age and a person who is of unsound mind by the consent of his guardian. Nothing is an offence which is done in good faith of a child and a person of unsound mind.

Section 90 includes that nothing is an offence if the consent is given under any fear of injury or misconception.

Section 92 includes an act which is done in good faith of the other person without the consent of that person. Nothing is an offence which is done in good faith of the other person without his or her consent. If A done any act without the consent of B and that act hurts B but that act is in a good faith of B then A is not liable for his act as he has done this act in good faith of B.

  • Communication-(Section93)

It includes that nothing is an offence in which the communication is made in good faith. The example of this is that a doctor tell his wife that A has left only few days of his life and by listening this A’s wife dies on the spot then the doctor is not liable for his act as he has communicated in a good faith.

  1. Duress-(Section 94)

This includes the act which is done by a person in a fear or the act which has done by a person in which he is compelled to do it. For example if a person A on the point of the gun compelled by thieves to go to B’s house and steal all the money then A is not guilty for his act as he has compelled or forced by thieves to do that act.

  1. Trifles-(Section 95)

It includes an act which only causes slight harm to the other person. Nothing is an offence which only causes slight harm to the other person. For example A and B are playing with a stick and A hit B with a stick causing a scratch on the leg then A is not guilty for his act.

  1. Private Defense-(Section 96 – 106)

This includes the acts which are done in private defense. Nothing is an offence in which a person harms the other person with anything or kills the person in exercise of the private defense.

CONCLUSION

These are some General Exceptions which are mentioned in the Indian Penal Code which are available to the accused to escape from liability or save himself from the act which he has committed without any guilty mind or without any knowledge or without knowing the consequences of his act.

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