INTRODUCTION
The Indian Penal Code, 1860 defines the various crimes for which the person could be prosecuted. These are known as General Exceptions which are mentioned in Part IV of the Act from section 76 to 106. Section 96 to 106 deals with the concept of Private Defense. The person will not be liable for the acts done in private defence. The code also prescribes some exceptions for which a person cannot be punished and prosecuted. If an act falls within these exceptions then the person will be acquitted and will not be charged. The objective of this part of the General Exceptions is to showcase the exceptional circumstances in which a person can escape an individual liability. Also, it makes the Code simpler by removing the repetition of criminal exceptions.
Some general exceptions mentioned in the Code are:
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The mistake of fact under section 76 and 79.
An act done by a person bound and justified by law will not be treated as a criminal offence. But the person should be under the mistake of fact and not the mistake of law.
For instance, a soldier fires on a mob by the order of his officer in conformity through command of law. Then, he will not be liable.
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Act of a judge acting judicially or in pursuance of the order/ judgment passed by the Court under section 77 and 78.
Nothing is an offence which is done by the judge who is acting judicially. Also, any act done by the person in pursuance of the order or judgment of the Court.
Example: A judge who has passed an order of giving lifetime jail punishment, believing in good faith that the court has jurisdiction. He shall not be held liable.
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An act of accident under section 80.
When an act, the accident occurred, then that act will not be grouped as an offence. But, the act in which the accident occurred should be a lawful act. Also, proper care should be taken to prevent it.
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Necessity under Section 81.
A harmful act will not be treated as an offence if done without any criminal intention, to prevent bigger harm to person or property. With the presence of this exception, people will not be afraid of saving someone’s life. But the act should be done in good faith.
Example: A Captain of a ship turned the direction of the ship of 100 people in order to save their lives, but harming the life of 30 people of a small boat, without any intention or negligence or fault on his part. He will not be liable because necessity is a condition in which a person causes small harm to avoid great harm.
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An act done by a person under 7 years of age under section 82.
Nothing is an offence which is done by the person who is under 7 years of age.
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An act done by a person between 7 years and 12 years of age.
Nothing is an offence which is done by the person who is between 7 years and 12 years of age, who has not yet attained sufficient maturity of understanding to judge the nature and repercussions of his conduct during that occasion.
Example: A child of 10 years killed his father with a gun in the shadow of immaturity. He will not be liable if he has not attained maturity.
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An act done by a person who is of unsound mind under section 84
Nothing is an offence which is done by the person who is not able to understand the consequences of the act or the act which he is doing is wrong or contrary to law done due to the insanity of the mind.
Example: A, who is insane or unsound, killed B with a knife, thinking it to be a fun game, will not be liable for B’s death as he was not aware of the nature of act and law. He was incapable of thinking judiciously.
So these are the general exceptions which are available to the accused to escape liability or save him from the offence committed. It may extend to even causing the death of a person or harm an innocent person too depending upon the circumstances. The accused should also have the right to be heard, keeping in view the democratic character of our nation. That’s why these exceptions are provided so as to represent oneself in the court of law.