Unit –II

General exceptions (sec 14 to sec.44)

General Exceptions under the BNS

The Criminal law covers various punishments which vary from case to case. But it
is not always necessary that a person gets punished for a crime which he/she had
committed. The Bharatiya Nyaya Sanhita, recognizes defences in Chapter III under
“General Exceptions”. Section 14 to 44 covers these defences which are based on
the presumption that a person is not liable for the crime committed. These defences
depend upon the circumstances prevailing at that point of time, mens rea of person
and reasonability of action of that accused.

Burden of Proof

 Generally, Prosecution has to prove its case beyond reasonable doubt

against the accused.
 But if accused claiming under general exceptions then he has to prove the
existence of general exception in crimes.

The General Exceptions are divided into 2 categories:

 Excusable Acts
 Judicially Justifiable Acts
Excusable Acts Justifiable Act

A mistake of Fact under An act of Judge and Act performed in pursuance of an

section 14 and 17. order under Section 15 and 16.

Accident under Section 18. The necessity under 19.

Infancy – Section 20 and 21. Consent under Section 25 to 30.

 Insanity – Section 22. Communication under Section 31.

Intoxication – Section 23 and

Duress under Section 32.
24.

Trifles under Section 33.

Private Defence under Section 34 to 44 .

Excusable Acts

An Excusable Act is the one in which though the person had caused harm, yet that
person should be excused because he cannot be blamed for the act. For example, if
a person of unsound mind commits a crime, he cannot be held responsible for that
because he was not having mens rea. Same goes for involuntary intoxication,
insanity, infancy or honest mistake of fact.

A mistake of Fact under Section 14 and 17

Under Section 14: Act done by a person bound or by mistake of fact believing,
himself to be bound by law in included. Nothing is an offence which is done by a
person who is or by reason of a mistake of fact, not by mistake of law in good faith
believes himself, to be, bound by law to do such act. It is derived from the legal
maxim “ignorantia facti doth excusat, ignorantia juris non excusat”.

 Example: If a soldier firing on a mob by the order of his officer in

conformity through the command of the law, then he will not be liable.

Under Section 17: Act done by a person justified or by mistake of fact believing,
himself justified, by law is included. Nothing is an offence which is done by any
person who is justified by law, or who by reason of mistake of fact and not mistake
of law in good faith, believes himself to be justified by law, in doing that particular
act
  Example: A thought Z to be a murderer and in good faith and justified by
law, seizes Z to present him before authority. A has not committed any
offence.

Accident under Section 18

Includes an Accident committed while doing a lawful act. Nothing is an offence

which is done by accident or misfortune, without any criminal intention or
knowledge in the doing of a lawful act in a lawful manner by lawful means and with
proper care and caution.

 Example: Suppose M is trying to shoot a bird with a gun but unfortunately

the bullet reflected from the oak tree causing harm to N, then, M will not
be liable.

Infancy – Section 20 and 21

Section 20: It includes an act of a child below seven years of age. Nothing is an
offence which is done by a child under seven years of age.

 Suppose a child below seven years of age, pressed the trigger of the gun
and caused the death of his father, then, the child will not be liable.
Section 21: It includes an act of a child above seven and below twelve of immature
understanding. Nothing is an offence which is done by a child above seven years of
age and under twelve, who has not yet attained sufficient maturity of understanding
to judge the nature and repercussions of his conduct during that occasion.

 Example: Suppose 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.
.

Insanity – Section 22

Act of a person of unsound mind. Nothing is an offence which is done by a person

who at that time of performing it, by reason of unsoundness of mind, is incapable of
knowing the nature of the act, or that he is doing what is either wrong or contrary to
law.
  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.

Intoxication – Section 23 and 24

Section 23: Act of a person incapable of judgment by reason of intoxication caused

against his will. Nothing is an offence which is done by a person who at the time of
doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or
that he is doing what is either wrong, or contrary to law, provided that the thing
which intoxicated him was administered involuntarily without his will or
knowledge.

 Example: A drank alcohol given by a friend thinking it to be a cold drink.

He became intoxicated and hit a person on driving his car back home. He
will not be liable as alcohol was administered to him without his will and
knowledge.

Section 24: Offence requiring a particular intent or knowledge committed by one
who is intoxicated. This applies to cases where an act done is not an offence unless
done with a particular knowledge or intent, a person who does the act in state of
intoxication, shall be liable to be dealt with as if he had the same knowledge as he
would have had if he had not been intoxicated, unless the thing which intoxicated
him was administered to him without his knowledge or against his will.

 Example: A person intoxicated, stabs another person under influence of

alcohol which was administered to him in the party against his knowledge
or will, will not be liable. But if that person had stabbed that person under
voluntary intoxication, then he will be liable.

Justifiable Acts

A justified act is one which would have been wrongful under normal conditions but
the circumstances under which the act was committed makes it tolerable and
acceptable.
Act of Judge and Act performed in pursuance of an order under Section 15 and
16

Section 15: Act of Judge when acting judicially. Nothing is an offence which is done
by a judge when acting judicially in the exercise of any power which is, or which in
good faith he believes to be, given to him by law.

 Example: Giving Capital Punishment to Ajmal Kasab was done under the
judicial powers of judges.
Section 16: Act done pursuant to the Judgement or order of the court. Nothing which
is done in pursuance of, or which is warranted by the judgment or order of, a court
of justice, if done whilst such judgment or order remains in force, is an offence,
notwithstanding the court may have no jurisdiction to pass such judgment or order,
provided the person doing the act in good faith believes that the court had such
jurisdiction.

 Example: A judge passing an order of giving lifetime jail punishment,

believing in good faith that the court has jurisdiction, will not be liable.

Necessity under 19

Act likely to cause harm, but done without criminal intent, and to prevent other harm.
Nothing is an offence merely by reason of its being done with the knowledge that it
is likely to cause harm if it is done without any criminal intention to cause harm, and
in good faith for the purpose of preventing or avoiding other harm to person or
property.

 Example: A Captain of a ship turned the direction of the ship of 100 people
in order to save their life, 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.

Consent under Section 25 to 30

Section 25: Act not intended and not known to be likely to cause death or grievous
hurt, done by consent. Nothing which is not intended to cause death, or grievous
hurt, and which is not known by the doer which is likely to cause death or grievous
hurt, is an offence by reason of any harm which it may cause, or to be intended by
the doer to cause, to any person, above 18 years of age, who has given consent,
whether express or implied, to suffer that harm; or by reason of any harm which it
may be known by the doer to be likely to cause to any such person who has consented
to that risk of harm.

 Example: A and E agreed to fence each other for enjoyment. This

agreement implies the consent of each other to suffer harm which, in the
course of such fencing, may be caused without foul play and if A while
playing fairly hurts E, then A, has committed no offence.

Section 26: Act not intended to cause death, done by consent in good faith for
person’s benefit. Nothing, which is not intended to cause death, is an offence by
reason of any harm which it may cause, or be intended by the doer to cause, or be
known by the doer to be likely to cause, to any person for whose benefit it is done
in good faith, and who has given a consent, whether express or implied to suffer that
harm, or to take the risk of that harm.

Section 27: Act done in good faith for the benefit of a child or insane person, by or
by consent of the guardian. Nothing which is done in good faith for the benefit of a
person under twelve years of age, or of unsound mind, by or by consent, either
express or implied, of the guardian or other person 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 known by the doer to be likely to cause to that person

Section 30: Act done in good faith for benefit of a person without consent. Nothing
is an offence by reason of any harm which it may causes to a person for whose
benefit it is done in good faith, even without that person’s consent, if the
circumstances are such that it is impossible for that person to signify 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 time for the thing
to be done with benefit.

Section 28: Consent known to be given under fear or misconception. A consent is

not such a consent as is intended by any section of this Code,
 1. if the consent is given by a person under fear of injury, or under a
misconception of fact, and if the person doing the act knows, or has reason
to believe, that the consent was given in consequence of such fear or
misconception; or
2. Consent of insane person if the consent is given by a person who, from
unsoundness of mind, or intoxication, is unable to understand the nature
and consequence of that to which he gives his consent; or
3. Consent of children, the contrary appears from the context, if the consent
is given by a person who is under twelve years of age.

Section 29: Exclusion of acts which are offences independently of harm caused.
The exceptions in sections 25, 26 and 27 do not extend to acts which are offences
independently of any harm which they may cause, or be intended to cause or be
known to be likely to cause, to the person giving the consent, or on whose behalf the
consent is given.

Communication under Section 31

Communication made in good faith. No communication made in good faith is an

offence by reason of any harm to the person to whom it is made if it is made for the
benefit of that person.

 Example: A doctor in good faith tells the wife that her husband has cancer
and his life is in danger. The wife died of shock after hearing this. The
doctor will not be liable because he communicated this news in good faith.

Duress under Section 32

Act to which a person is compelled by threats. Except murder, and offences against
the state punishable with death, nothing is an offence which done by a person
compelled to do it under threats, which, at the time of doing it, reasonably cause the
apprehension that instant death to that person will otherwise be the consequence,
provided the person doing the act did not of his own accord, or from reasonable
apprehension of harm to himself short of instant death, place himself in the situation
by which he became subject to such constraint.
  Example: A was caught by a gang of dacoits and was under fear of instant
death. He was compelled to take gun and forced to open the door of house
for entrance of dacoits and harm the family. A will not be guilty of offence
under duress.

Trifles under Section 33

Act causing slight harm is included under this section. Nothing is an offence by
reason that it causes, or that it is intended to cause, or that it is known to be likely to
cause, any harm if that harm is so slight that no person of ordinary sense and temper
would complain of such harm.

Private Defence under Section 34 - 44

Section 34: Things done in private defence.

Nothing is an offence in which a person harms another person in the exercise of

private defence.

Section 35: Right of private defence of body and property.

Every person has a right to private defence, provided under reasonable restriction
under Section 37.

1. Protecting his body or another person’s body, against any offence in which
there is a danger to life.
2. Protecting his or another person’s movable or immovable property, against
any offence like theft, robbery, mischief or criminal trespass or an attempt
to commit theft, robbery, mischief or criminal trespass.

 Example: A father, in order to protect the life of daughter from the attack
of a thief, shoots him in his leg. But the father will not be liable as he was
protecting the life of his daughter.

Section 36: Right of private defence against the act of a person of unsound mind
etc.
When an act which would otherwise be a certain offence, is not that offence, by
reason of the youth, the want of maturity of understanding, the unsoundness of mind
or the intoxication of the person doing that act, or by reason of any misconception
on the part of that person, every person has the same right of private defence against
that act which he would have if the act were that offence.

 Example: A attempts to kill Z under influence of insanity but A is not

guilty. Z can exercise private defence to protect himself from A.

Section 37: Acts against which there is no right of private defence.

 There is no right of private defence against an act which does not

reasonably cause the apprehension of death or of grievous hurt, if done, or
 Attempted to be done, by a public servant acting in good faith under color
of his office, though that act may not be strictly justifiable by law.
 There is no right of private defence against an act which does not
reasonably cause the apprehension of death or of grievous hurt, if done, or
 Attempted to be done, by the direction of a public servant acting in good
faith under colour of his office though that direction may not be strictly
Justifiable by law.
 There is no right of private defence in cases in which there is time to have
recourse to the protection of the public authorities.
 The harm caused should be proportional to that of imminent danger or
attack.

Section 38: When the right of private defence of the body extends to causing
death.

 Assault causing reasonable apprehension of death.

 Reasonable apprehension of grievous hurt.
 Committing rape
 Unnatural lust
 Kidnapping or abducting
  Wrongfully confining a person in which that person reasonably apprehends
the assault and not able to contact public authority.
 Act of throwing or attempting to throw acid, causing apprehension in the
mind that assault will cause grievous hurt.

Section 39: When such rights extend to causing any harm other than death.

If the offence be not of any of the descriptions enumerated in the last preceding
section, the right of private defence of the body does not extend to the voluntary
causing of death to the assailant, but does extend, under the restrictions mentioned
in section 37, to the voluntary causing to the assailant of any harm other than death.

Section 40: Commencement and continuance the right of private defence of the
body.

The right of private defence of the body commences as soon as a reasonable

apprehension of danger to the body arises from an attempt or threat to commit the
offence though the offence may not have been committed; it continues as long as
such apprehension of danger to the body continues.1

 Example: A, B, and C were chasing D to kill him in order to take revenge,

but suddenly they saw a policeman coming from another side. They got
afraid and turned back to run. But D shoots B in his leg, even when there
was no imminent danger of harm. D will be liable as there was no
apprehension of death or risk of danger.

Section 41: When the right of private defence of property extends to causing
death.

1. Robbery;
2. House-breaking by night;
3. Mischief by fire committed on any building, tent or vessel, building, tent
or vessel used as a human dwelling, or a place for the custody of property;
 4. Theft, mischief, or house-trespass, under such circumstances, as may
reasonably cause apprehension that death or grievous hurt will be the
consequence if such right of private defence is not exercised.

 Example: C Attempts to stab D maliciously while committing burglary in

D’s house. There is a reasonable apprehension in the mind of D that C will
hurt him grievously, so in order to save himself and property, C throttled
D with a knife in his chest, causing Death. C will not be liable.

Section 42: When such right extends to causing harm other than death.

If the offence, the committing of which, or the attempting to commit which occasions
the exercise of the right of private defence, be theft, mischief, or criminal trespass,
not of any of the descriptions enumerated in the last preceding section, that right
does not extend to the voluntary causing of death, but does extend, subject to the
restrictions mentioned in section 37, to the voluntary causing to the wrong-doer of
any harm other than death.

 Example: If A has committed criminal trespass in order to annoy B or hurt

him, then B will have the right to harm A in proportional manner, not
causing death of the person.

Section 43: Commencement and continuance of the right of private defence of

property.

The right of private defence of the property commences when:

 A reasonable apprehension of danger to the property commences. The right

of private defence of property against theft continues until the offender has
effected his retreat with the property
 Or, either the assistance of the public authorities is obtained,
 Or, the property has been recovered.
 The right of private defence of property against robbery continues as long
as the,
 Offender causes or attempts to cause to any person death or hurt
  Or, wrongful restraint
 As long as the fear of instant death or
 Instant hurt or
 Instant personal restraint continues.
 The right of private defence of property against criminal trespass or
mischief continues as long as the offender continues in the commission of
criminal trespass or mischief.
The right of private defence of property against house-breaking by night continues
as long as the house-trespass which has been begun by such house-breaking
continues.

 Example: Suppose a thief into the house of an individual, and attempts to

hurt him instantly with a knife, then that individual has the right to act in
private defence and harm that thief to save life and property.

Section 44: Right of private defence against deadly assault when there is a risk
of harm to innocent person.

If in the exercise of private defence against an assault, a person causes apprehension

of death, in which defender has no choice but harming an innocent person, his right
will extend to that running of risk. Example: C is attacked by a mob who attempts
to murder him. He cannot exercise his right to private defence without firing on the
mob. In order to save himself, he is compelled to hurt innocent children while firing
so C committed no offence as he exercised his right.

Conclusion

So these were the general exceptions which are available to the accused to escape
liability or save himself 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.