Generalexceptions 151214103106 PDF

Sandeep Kulshrestha
Amity Law School

Amity University, MP
Created by Sandeep Kulshrestha Monday, December 14, 2015 1

General Exceptions
Section 6 of I.P.C.
Chapter IV
“Throughout this Code every
definition of an offence, every
Includes section 76 to Section 106
penal provision and every
illustration of every such
definition or Penal provision,
Applicable to all special and Local Laws
shall be Understood subject to
exceptions contained in the
chapter entitled General
Exceptions” Govern offences define in all sections of criminal laws

General Principle Before enactment of
Prosecution has to prove its Indian Evidence Act
case beyond reasonable doubt 1882, Prosecution had
against the accuse to prove that the case
doesn’t fall in any of
In General Exceptions the general exceptions,
As per section 105 of Evidence but section 105 of
Act it A claimant of General Evidence Act shifted
has to prove the existence of
the burden on
situation of general
exceptions
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 which is offence
which is done by a
done by a person
person who is, or By Mistake of fact
who by
who is, reason
or whoofbya
reason ofofa fact
mistake mistake
and Not by mistake of Law
of fact
not by and not by
reason of
reason ofof mistake
mistake law in In good faith
of law faith
good in good faith
believes
believestohimself
himself be, boundto Believes himself
by
be,law to doby
bound it law to
do it
Section 77 : Act of Judge
Nothing is
Nothing is an offence
an
offence whichby ais
which is done
done
person bywhoa is, Judge
or When Acting Judicially
when
who by reasonacting of a
mistake ofin fact
Judicially and
Exercise In Exercise of Power
notanybypower
of reason of
which
mistake of in lawgood
in Conferred upon him or
is, or which
good faith believes
faith hetobelieves
himself be, bound to In good faith he believes
be, given
by law to dotoit him by
law.
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 Must be in force
warranted by a judgment or
order remains in force, is an Act done in compliance of
offence, notwithstanding
the court may have had
jurisdiction to pass such Passed within jurisdiction
judgment or order,
provided the person doing Or In good faith he believes
the act in good faith
believes that the court had
such jurisdiction.

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

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

Section 80 : Accident in doing a Lawful Act
Nothing isis an
Nothing an offence
offence
which isis done
which doneby by a
person orwho
accident is, or
misfortune, Without
who
and by reason
without of a
any criminal
mistake or of knowledge
fact and
Criminal Intention or Knowledge
intention
innot by reason
the doing of
of a lawful Doing of a Lawful act
mistake
act of law
in a lawful mannerin
by lawful
good faithmeans and
believes In a Lawful manner
with proper
himself to be,care
boundand
caution.
by law to do it

Section 81 : To prevent other harm
Nothingisis an
Nothing an offence
offence
which by
merely is reason
done by of aits
being
persondone who withis, or the
knowledge that it isoflikely Without Criminal Intention
who by reason a
tomistake
cause harm,
of iffact
it beand
done
without
not by any
reason criminal
of In Good Faith
intention to cause harm,
mistake
and in goodoffaith lawfor in
the
good faith
purpose believesor
of preventing To preventing other harm
himself other
avoiding to be, harm
boundto
by laworto
person do it
property.

Section 82 : Act of Infant
Nothing is an
which is done by a
offence
person who is, or Below 7 years of Age
who by reason of a
which
mistake ofisfact
done and
by
not bya reason child
mistake of law in
of
under
good faith seven
believes
himself to be, bound
years
by law to of
do itage.

Section 83 : Act of Child of immature understanding
Nothing
Nothing isis an
an offence
offence
which
whichis is
done
doneby abychild
a
above
personsevenwho years
is, orof
age Above 7 and under 12 years
whoand by under
reasontwelve,
of a
who has of
mistake notfactattained
and
sufficient
not by maturity
reason ofof Immature to understand
understanding
mistake of to lawjudge
in
ofgood
thefaithnature
believesand To judge the nature
consequences
himself to be, boundof his
conduct
by law to doon it that
occasion.

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

 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

 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

Section 85 : Person involuntary intoxicated
which is done by a person
which
who, is done
at the time ofby a
doing
it,person
by who is, orof
reason Nature of the act
who by reason
intoxication, of aof
incapable
mistaketheofnature
knowing fact ofand
the
Wrong or Contrary to Law
act,
notor bythat reason
he is doing
of
what is either
mistake of wrong
law inor
contrary to law, provided
good faith believes
that the thing intoxicated
himself
him to be, boundto
was administered
by without
law to do Administered against his will
him hisitknowledge
or against his will.

Section 86 : intention or knowledge if intoxicated
In cases where an act done is

Nothing
not an offenceis an offence
unless done is
which
not is done
an offence bydone
unless a
person
with who knowledge
a particular is, or shall presume, he had that
orwho
intent,bya person
reasonwhoofdoes a
the act in a state of
mistake shall
intoxication of fact andto
be liable Even if he is intoxicated
benot
dealt by
with asreason
if he hadofthe
mistake
same knowledge of aslaw in
he would
have
goodhad faith
if he had not been
believes
intoxicated, unless the thing
himself
which to be, bound
administered to him
by law his
without to do it
knowledge or
Administered against his will
against his will.

Section 87 : Voluntary caused injuries
Nothing which is not intended to

Nothing
cause death orisgrievous
an offence
hurt, and
which
which is notisknown
doneby the by doer
a
to be likely to cause death or
personhurt,who
grievous is, orby
is an offence Express of implied
whoofby
reason reason
any harm whichof a
it may
cause, or be intended
mistake of factby the
anddoer
to cause, to any person, above Not intended to cause harm
not by
eighteen years ofreason
age, whoof has
mistake
given consent, of lawexpress
whether in
or implied, to suffer that harm; or
bygood faith
any reason believes
of harm which it
mayhimself
be known tobybe,
the bound
doer to be
likely
by to
lawcause
to to
doanyit such person No offence Constitute
who has consented to take the
risk of that harm.

Section 88 : Act done by consent for benefit
Nothing which is not

Nothingtoiscause
intended an offence
death, is
anwhich
offenceisbydone
reasonby a
of any
person
harm which who is, oror
it may cause, Express of implied
bewho
intended by the doer
by reason of ato
cause, or beofknown
mistake fact by the
and
doer to be likely cause to Not intended to cause harm
not person,
any by reason for whoseof
mistake
benefit it is of
donelaw in
in good
goodandfaith
faith, who has believes
given a
consent,
himselfwhether
to be,express
boundor
implied,
by lawtotosuffer
do itthat harm; For the benefit of the vicitim
or to take the risk of that
harm.
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, Of child or insane
by or by consent, either
express or implied, of the
guardian or other person Not intended to cause harm
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 For the benefit of child or insane
known by the doer to be
likely to cause to that
person.
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 If, given under fear of injury
a person under fear of
injury, or under a
Or misconception of fact
misconception of fact,
and if the person doing
the acts knows, or has
reason to believe, that
the consent was given in Or has reason to believe
consequence of such fear
or misconception. It given under fear or misconception
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 Under section 87, 88 and 89
of any harm which they
may cause, or be
Act is an independent offence
intended to cause, or be
known to be likely to
cause, to the person
giving the consent, or on
whose behalf the Causing abortion itself is offence
consent is given.

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 For benefit, in good faith
person’s consent, if the
circumstances are such that it
is impossible for that person to His Consent can not be obtained
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 Does not Constitute an offence
time for the thing to be done
with benefit

Section 93 : Communication made in good faith
No communication
made in good faith
Made in good faith
is an offence by
reason of any harm For the benefit
to the person to
whom it is made,
for the benefit of
that person. Does not Constitute an offence

Section 94 : compelled by threat
Except murder, and

offences against the state
punishable with death,
nothing is an offence By threat of instant death
which is done by a person
who is compelled to do it
by threats, which, at the Reasonably cause the apprehension
time of doing it,
reasonably cause the
apprehension that instant
death to that person will
otherwise the Offence of ch. 6 of Capital Punishment
consequence
Or Murder
Section 95 : Act Causing slight harm
by reason that it
causes, or that it De minims non curat lex
intended to cause, or
that it is known to be
likely to cause, any Law doesn’t take account of trifles
harm, if that harm is so
slight that no person of
ordinary sense and
temper would Are not within spirit
complain of such
harm.
Section 96 : Things done in Private Defense
Nothing is
an offence
which is done
in the exercise of
the right of
private defense

Section 97 : Things done in private defense
Every person His own body, and the body of any

other person, against any offence
has a right , affecting the human body
subject to
the The Property, whether movable or
immovable of himself or any other
restrictions person, against any act which is an
offence falling under the definition
contained in of theft, robbery, mischief or
section 99, criminal trespass, or which is an
attempt to commit theft, robbery,
to defend: mischief or criminal trespass

Right of Private defense : When Available …?
Against offence Against offence

affecting human affecting Property of
body own or other’s
• Body of own • Theft
• Body of other • Robbery
• Mischief
• Criminal Trespass

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 Immature youth
of maturity of understanding,
the unsoundness of mind, or
the intoxication of the person Person of unsound mind
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 As applicable against act of others
the act were that offence.

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
the apprehension of death or grievous hurt defense, otherwise no right of private defense is available
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
act may not strictly justifiable by law • Or produces the authority if demanded
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
• No case extends to inflicting more harm than it is necessary to inflict for

Extent to which right may be exercised
the purpose of defense
Section 100 : Where right of private defense of Body extends to cause death
• Such an assault, as may reasonably cause the apprehension that death will otherwise be the consequence
Firt 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
• 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
Sixthly his release

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

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

Section 102 : Commencement & Continuance of right
Right of private defense of

the Body commences as
soon as a reasonable
apprehension of danger to From an attempt or threat of offence
the body arises from an
attempt or threat to Even the offence not committed
commit the offence
though the offence may
not have been committed;
and it continues as long
as apprehension of danger Till the apprehension continues
to the body continues.

Section 103 : Where right of private defense of Property
extends to cause death
• Robbery
First
• House breaking by Night

Secondly
• 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
Thirdly 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

Section 104 : When right extends to cause other harm
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
Section of the description enumerated in the section
103, the right does not extend to the voluntary
104 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

Section 105 : Commencement and continuance of Right
The Right of Private Defense • Till the offender has effected his retreat with the property
of property against the theft • Or assistance of public authority is obtained
continues • Property has been recovered
The Right of Private Defense of • As long as offender causes or attempt to cause to any person death or
hurt or wrongful restraint
property against the robbery • As long as fear of instant death or Instant hurt or instant personal
continues 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
Breaking by night continues house breaking continues

Section 106 : Right Against Innocent Persons
If in the exercise of the right

of private defense against
an assault which reasonably Right of Private defense is available
causes their apprehension
of death, the defender be
so situated that he cannot
Even the offence not committed
effectually exercise that
right without risk of harm
to an innocent person, his
right of private defense
extends to the running of
Without risk of harm to innocent
that risk.
Right extends to take such risk

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.
Thank You

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Sandeep Kulshrestha

Amity Law School

Created by Sandeep Kulshrestha Monday, December 14, 2015 1

Created by Sandeep Kulshrestha Monday, December 14, 2015 2

Created by Sandeep Kulshrestha Monday, December 14, 2015 3

Lies with the Accused

 K.M. Nanawati Vs. State of Maharashtra

Created by Sandeep Kulshrestha Monday, December 14, 2015 4

Collector while exercising power under Land

Created by Sandeep Kulshrestha Monday, December 14, 2015 7

Nothing which is done in

Created by Sandeep Kulshrestha Monday, December 14, 2015 8

Created by Sandeep Kulshrestha Monday, December 14, 2015 9

In Uphar Cinema Case Element of Good faith

Susheel Kumar Ansal Vs. State through C.B.I.

Created by Sandeep Kulshrestha Monday, December 14, 2015 10

Created by Sandeep Kulshrestha Monday, December 14, 2015 11

Created by Sandeep Kulshrestha Monday, December 14, 2015 12

Created by Sandeep Kulshrestha Monday, December 14, 2015 13

Created by Sandeep Kulshrestha Monday, December 14, 2015 14

Created by Sandeep Kulshrestha Monday, December 14, 2015 15

 A person is exonerated on the ground of unsoundness of

Created by Sandeep Kulshrestha Monday, December 14, 2015 16

 State of Rajasthan Versus Shera Ram @ Vishnu Dutta AIR2012 SC 1

Created by Sandeep Kulshrestha Monday, December 14, 2015 17

Created by Sandeep Kulshrestha Monday, December 14, 2015 18

In cases where an act done is

Created by Sandeep Kulshrestha Monday, December 14, 2015 19

Nothing which is not intended to

Created by Sandeep Kulshrestha Monday, December 14, 2015 20

Nothing which is not

Nothing which is done in

A consent is not such a

The exceptions in section

Created by Sandeep Kulshrestha Monday, December 14, 2015 24

Created by Sandeep Kulshrestha Monday, December 14, 2015 25

Created by Sandeep Kulshrestha Monday, December 14, 2015 26

Except murder, and

Created by Sandeep Kulshrestha Monday, December 14, 2015 30

Every person His own body, and the body of any

Created by Sandeep Kulshrestha Monday, December 14, 2015 31

Against offence Against offence

Created by Sandeep Kulshrestha Monday, December 14, 2015 32

When an Act, which would

Created by Sandeep Kulshrestha Monday, December 14, 2015 33

There is no right of Private defense against

Done or attempted to be done by public

• No case extends to inflicting more harm than it is necessary to inflict for

• An assault with the intention of committing rape

• An assault with the intention of gratifying unnatural lust

• An assault with the intention of kidnapping or abduction

Created by Sandeep Kulshrestha Monday, December 14, 2015 35

If the offence be not of any

Created by Sandeep Kulshrestha Monday, December 14, 2015 36

Right of private defense of

Created by Sandeep Kulshrestha Monday, December 14, 2015 37

• House breaking by Night

• Mischief by Fire committed on any building, tent or vessel, which

• Theft, Mischief or house trespass, under such circumstances as may

Created by Sandeep Kulshrestha Monday, December 14, 2015 38

If the offence, the committing of which, or the

Created by Sandeep Kulshrestha Monday, December 14, 2015 39

The Right of Private Defense of