GENERAL EXCEPTIONS 76 TO 106 PPC

Introduction
In Pakistan, Pakistan Penal Code is the major criminal law, which defines substantive offences
and prescribes their respective punishments. This code also describes some specific
circumstances in which crimes are though committed, yet offenders are exempted from
punishments. In such circumstances, it is not intention or guilty mind, which constitutes crimes,
but it is external force, which instigates mind to commit crimes.

Definition
In criminal Law, a settled principle is that no innocent should be punished even if thousand
criminals escape. Here, explanation is that it is not just to punish someone who was controlled
by a criminal as a puppet to do an illegal act. Like wise, there are certain circumstances, in
which an apparent offender is exempted from major punishment or is entitled to just minor
punishment. Such circumstances have been termed as General Exceptions in Pakistan Penal
Code.

EXPLAINATION

Section 76: Acts done by a person bound, or by mistake of fact believing himself bound, by law.

Example: A soldier fires on a mob under orders from a superior officer, believing it to be lawful.
The soldier is not liable for the act.

Section 77: Acts of judges when acting judicially.

Example: A judge passes a sentence based on the evidence presented. The judge is not liable
for the judicial act.
Section 78: Acts done pursuant to the judgment or order of a court.

Example: An officer arrests a person under a court order. The officer is not liable for the arrest.

Section 79: Acts done by a person justified, or by mistake of fact believing himself justified, by
law.

Example: A person arrests another believing them to be a thief based on a mistaken identity.
The person is not liable for the wrongful arrest.

Section 80: Accident and Misfortune

Section 80: Acts done by accident or misfortune without any criminal intention or knowledge.

Example: A person accidentally causes harm while performing a lawful act in a lawful manner.
They are not liable.

Section 81: Acts likely to cause harm but done without criminal intent and to prevent greater
harm.

Example: Breaking into a house to save someone from a fire is not considered an offense.

Section 82: Acts done by a child under seven years of age are not offenses.

Example: A child under seven years old cannot be held liable for any offense they commit.

Section 83: Acts done by a child above seven and under twelve years of age, who has not
attained sufficient maturity to understand the nature and consequences of their conduct, are
not offenses.
Example: A nine-year-old child who does not understand the consequences of their actions is
not liable for an offense.

Section 84: Insanity

Section 84: Acts done by a person of unsound mind who is incapable of knowing the nature of
the act or that it is wrong or contrary to law.

Example: A person with a severe mental disorder who commits an act without understanding
its nature is not liable.

Section 85: Acts done involuntarily under intoxication are not offenses.

Example: A person who commits an act under involuntary intoxication is not liable.

Section 86: Acts done voluntarily under intoxication are offenses unless the intoxication was
administered without the person’s knowledge or against their will.

Example: A person who voluntarily consumes alcohol and commits an offense is liable, unless
the intoxication was forced.

Section 87: Acts not intended to cause death or grievous hurt, done with the consent of the
person harmed.

Example: A person consents to a minor surgery and suffers harm. The surgeon is not liable.

Section 88: Acts done in good faith for the benefit of a person with their consent.

Example: A doctor performs a risky surgery with the patient’s consent. The doctor is not liable if
the patient suffers harm.
Section 89: Acts done in good faith for the benefit of a child or insane person, by or with the
consent of the guardian.

Example: A guardian consents to a medical procedure for a child. The doctor is not liable for any
harm caused.

Section 90: Consent given under fear, misconception, or by a person who is insane or
intoxicated is not valid.

Example: Consent obtained through threats is not valid.

Section 91: Exclusion of acts which are offenses independently of harm caused.

Example: An act that is an offense regardless of consent, such as murder, is not exempt.

Section 92: Acts done in good faith for the benefit of a person without consent, if circumstances
render it impossible to obtain consent.

Example: Performing emergency surgery on an unconscious patient is not an offense.

Section 93: Communication made in good faith for the benefit of the person to whom it is made
is not an offense.

Example: A doctor informs a patient about a serious diagnosis in good faith. The doctor is not
liable for any distress caused.

Section 94: Acts done under compulsion or threat of instant death are not offenses, except for
murder and offenses against the state.

Example: A person commits theft under threat of death. They are not liable for the theft.
Section 95: Acts causing slight harm are not offenses if they are so trivial that no person of
ordinary sense and temper would complain about them.

Example: Accidentally bumping into someone and causing minor discomfort is not an offense.

Sections 96-106: Right of Private Defense

Section 96: Nothing is an offense which is done in the exercise of the right of private defense.

Example: Defending oneself from an attacker is not an offense.

Sections 97-106: These sections elaborate on the extent and limitations of the right of private
defense, including defense of body and property, and the conditions under which this right can
be exercised.

Example: Using reasonable force to protect oneself from an imminent threat is justified.

These general exceptions are integral to the justice system, ensuring that individuals are not
wrongfully punished for acts committed under specific circumstances that negate criminal
intent or justify the act.