General exceptions

Section 76 to 95 of pakistan Penal Code 1860

Acts done by person bound or by
mistake of fact
 Act done by a person in duty in good faith.
 He is bound by duty to perform that act but if any loss occurred then he will
not be liable to that offence.
 This exception is available to the public servants.they have given exceptions
under ppc .their act will not constitute an offence.
 Example:
 Mistaken identity:some act done by public servant in good faith under his
duty.if polic arrest someone on the basis of common identity WrWroly.he is
exempted.
 Police can use force on mob and arrest without considering consequences.
Act of judge when acting judicially

 Judge is also a human being.

 If judge awarded death punishment to the person And if convicted person was
innocent then there are exemption to the judge.
 No fingers can be pointed to the judge.
 Examples:
 Detention
 Order of life imprisonment to someone who is innocent otherwise
 Order of remand.
Act done pursuant to the judgment or
order of court
 Acts that are done by the court staff of the judge .
 They are bound by court to perform particular act without any bad intention.
 They came under the duty of judge that’s why they are exempted if
something wrong has happened.
 Examples:
 Order
 Execution of decree.
Act done by a person justified or by
mistake of fact
 This section explains the exception available to the layman like you and
me.this is applicable to all persons.
 We as a citizen of pakistan are bound to arrest some one or take action if
something wrong or illegal activity happened around us.
 Example:
 If some one did docaity and we arrested him but after proof we got to know
that he is not the right culprit then what we have done in good faith.that we
assist in arresting the culprit that will not be an offence.
Accident in doing lawful act

 If person was doing his act in lawful manner with due diligence or duty
care.in which he has taken all the preventive measure to perform that act of
normal course of routine but suddenly some accident take place then the
person will not be liable to an offence.
 Example:
 A person cutting the wood of tree with cutting tool having sharp edges.that
tool fell down by his hand and injured the other person who was standing
thereby .it will not be an offence.
 Isolation of person
Act likely to cause harm

 Lessor harm is better than greater harm .

 In order to safe someone from greater harm if lessor harm is done to him then
it will not come under an offence.
 Good faith has been clearly seen in these acts.
 Example:
 In order to stop the spreading of poison in the body.The arm of person to be
cut from his body.this will not be an offence.
 Dr did surgery of the diabetic patient and cut the infectious thumb of foot
because due to diabetes its spreading more infection to whole body.
Act of child under 7 year

 Doli incapax means person without capacity.a child below 7 year is incapable
of forming or possessing the necessary men’s rea for an offence.
 If the person who is 7 years old kills another person then it will not come
under offence.because his mind is not that mature.
 Only child under seven year has been completely protected under ppc from
committing an offence
Act of child above sever years and under
twelve of immature understanding
 If a child is between 7 to 12 years of age is to be convicted of an offence then
it must be shown or prove that he has sufficient maturity of understanding to
judge the nature and consequence of an act done
 Example:
 Offence of throwing stones at a railway train committed by boys of 5 and 8
years would be protected under these sections .
Act of unsound mind person

 The word unsoundness of mind explains all the ailments related to the mind
of person.
 The factors compulsory in order to avail the exemption of this section.74 of
ppc are
 That the accused was insane
 That he was insane at the time when he did the act and not merely before or
after the act
 That as the result of unsoundness of mind he was incapable of knowing the
nature of the. act or that what he was doing was really wrong or against law.
 It should be medically proved and scrutinised strictly
Intoxication

Intoxication is basically to take something which disturbs the balance of mind .

Intoxication is divided in 3 categories.
Voluntary intoxication:
That intoxication done by person himself without any compulsion .sometimes person is
inhabit of intoxication to loose the balance of mind.for relaxation.in this stage there is
no exemption to the offence.
Involuntary intoxication:
By force we make person to consume the intoxicated stuff.law give exemption of
punishment at this stage.
Non voluntary intoxication:a person does not know the nature of the intoxicated stuff
which makes him crazy and out of mind because of the act of some other person.in this
stage law exempted him from punishment.
Offence requiring a particular intent or
knowledge committed by one who is intoxicated

 If someone has knowledge about what he is consuming in the form of

intoxicated stuff and he committed an offence then he will be liable to that
offence by law but if he has taken intoxication under compulsion or without
knowing the awareness of intoxicated stuff that has been consumed by hum
then he will not be liable to the offence.
Act not intended and not known to be likely to
cause death or gracious hurt done by consent.

 If any act done to the person with consent of the other person and if any
harm or death of person occurred then it will not come under and offence
because the victim has given his whole consent .that person should be mature
enough to give consent in eyes of Law
 Examples:
 Wrestling
 Different acts or show that are risky
Act not intended to cause death, down by
consent in good faith of person benefit
 That is an exemption for medical practitioner basically.
 The professionals like doctors lawyers or architects etc have no intention to
harm others.
 Their first priority is the life and safety of their patient or clients.
 Treatment to be done in good faith but if any loss occur then it will not come
under offence.
 Consent of person is the main factor in this.
Act done in good faith for benefit of
child or insane person
 If any act done to the child or insane person by the consent of their parents
or guardian during that process if any harm occurr then that person will not
be held liable to it.
 Example:
 Dr took surgery of stone removal from kidney and that causes death of person
it will not be an offence for Dr. He will be exempted.
 Teacher beats the child because he has stolen books from school library.