General Exceptions under Indian Penal Code (Ss 76 to 106) - PowerPoint PPT Presentation

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General Exceptions under Indian Penal Code (Ss 76 to 106)

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Title: General Exceptions under Indian Penal Code (Ss 76 to 106)


1
General exception in Indian penal code
Sandeep Kulshrestha Amity Law School Amity
University, MP
2
General Exceptions
  • Section 6 of I.P.C.
  • Throughout this Code every definition of an
    offence, every penal provision and every
    illustration of every such definition or Penal
    provision, shall be Understood subject to
    exceptions contained in the chapter entitled
    General Exceptions

3
Burden of Proof
  • General Principle
  • Prosecution has to prove its case beyond
    reasonable doubt against the accuse
  • Before enactment of Indian Evidence Act 1882,
    Prosecution had to prove that the case doesnt
    fall in any of the general exceptions, but
    section 105 of Evidence Act shifted the burden on
    claimant.

In General Exceptions As per section 105 of
Evidence Act it A claimant of General has to
prove the existence of situation of general
exceptions
4
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

5
Bound by Law or
By Mistake of fact
Not by mistake of Law
In good faith
Believes himself
Bound by Law
6
Done by a Judge
When Acting Judicially
In Exercise of Power
Conferred upon him or
In good faith he believes
To be given to him
7
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

8
judgment or order of a court
Must be in force
Act done in compliance of
Passed within jurisdiction
Or In good faith he believes
The Court has Jurisdiction
9
Jutified by Law or
By Mistake of fact
Not by mistake of Law
In good faith
Believes himself
Justified by law
10
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

11
By Accident or misfortune
Without
Criminal Intention or Knowledge
Doing of a Lawful act
In a Lawful manner
With proper care and Caution
12
Done with the Knowledge
Without Criminal Intention
In Good Faith
To preventing other harm
To person or property
13
Act done by an Infant
Below 7 years of Age
14
Act done by a child
Above 7 and under 12 years
Immature to understand
To judge the nature
The nature and consequences
15
Person of Unsound Mind
Incapable of knowing
Nature of the act
Either wrong or
Contrary to Law
16
Section 84 Act of person of unsound mind
  • 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

17
Section 84 Act of person of unsound mind
  • 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 _at_ Vishnu
    Dutta AIR2012 SC 1

18
Person incapable of knowing
Nature of the act
Wrong or Contrary to Law
Due to Intoxation
Administered against his will
19
Requires particular knowledge
shall presume, he had that
Even if he is intoxicated
Unless
Administered against his will
20
Person consented to take risk
Express of implied
Not intended to cause harm
Both were aware of the risk
No offence Constitute
21
Person consented to take risk
Express of implied
Not intended to cause harm
Done in good faith
For the benefit of the vicitim
22
Guardian consented to take risk
Of child or insane
Not intended to cause harm
Done in good faith
For the benefit of child or insane
23
Consent is not a valid consent
If, given under fear of injury
Or misconception of fact
And the person doing act knows
Or has reason to believe
It given under fear or misconception
24
Exception is not applicable
Under section 87, 88 and 89
Act is an independent offence
Independent of the harm caused
Causing abortion itself is offence
25
Act done without consent
For benefit, in good faith
His Consent can not be obtained
Or no guardian is available
Does not Constitute an offence
26
Any Communication causes harm
Made in good faith
For the benefit
To the person whom it was made
Does not Constitute an offence
27
If any person compelled to do
By threat of instant death
Reasonably cause the apprehension
Act is not an offence, Except
Offence of ch. 6 of Capital Punishment
Or Murder
28
Causes slight harm
De minims non curat lex
Law doesnt take account of trifles
Act fall within letter of Penal law
Are not within spirit
29
Right of private deffence
30
Section 96 Things done in Private Defense
  • Nothing is
  • an offence
  • which is done
  • in the exercise of
  • the right of
  • private defense

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32
Right of Private defense When Available ?
33
Private defense is available against
Immature youth
Person of unsound mind
Person introxicated
As applicable against act of others
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Does not extend to cause death
Not of any description of S. 100
Does not extend to cause death
But to cause any other harms
Under restrictions of section 99

37
Commences with apprehension of danger
From an attempt or threat of offence
Even the offence not committed
Continues as apprehension continues
Till the apprehension continues

38
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40
Section 105 Commencement and continuance of
Right
41
Existence of apprehension of danger
Right of Private defense is available
Even the offence not committed
Defender can not effectuate the right
Without risk of harm to innocent
Right extends to take such risk
42
  • 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.

43
  • Thank You
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