General Exceptions

 

Chapter IV : General Exceptions

1. No criminal Intent ( Incapable of criminal Intent )
2. Justified under Law to do the act

Section 77

1. Nothing done by Judge  when acting judicially in the exercise of any power which is or which in good faith be believe to be given him by law.
2. 19 Judge - denotes NOT only every person who is officially designated as Judge but also every person who is empowered by law to give, in any legal proceeding, civil or criminal a definitive judgement or a judgement which if not appealed against would be definitive or judgment which if confirmed by some other authority, would be definitive or 
1. Who is one of a body or person which body of persons is empowered by law to give such a judgment.

Section 78

1. Mistake of fact NOT by mistake of law in good faith believes bound by law to do it
1. 1981 4 SCC 2 ( WB Vs Theo mangal singh )
2. Bound by law  - specific law he has to follow

Section 79

1. if Justified by law or reason of a mistake of fact and not reason of a mistake of law in good faith
1. Justified law is not there, you are not prohibited under law you are justified by law to do the act.
1. AIR 1980 SC 605 ( Rajkapur vs Lakshman ) - Satyam Sivam Sundaram

Section 80 : accident in doing a lawful act - without any criminal intention or knowledge in the doing of a law full act in lawful manner by lawful means and with proper care and caution.

- Redundant provision

- guilty of unlawful act which is charged 

- Lecture on criminal law by Huda

Section 81 : Act likely to cause harm, but done without criminal intent and to prevent other harm

1. Mens rea 
1. Doing act with knowledge - 
2. Doing act with Criminal Intention 
2. It is question of fact

Section 82 : Doli in capax : act of a child under 7y of age  in capable of offence - this presumption is conclusive and NO rebuttal 

Section 83 : Rebuttable presumption : Act of child above 7y and under 12y of immature understanding who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.

1. Burden on the Prosecution - child is capable of understanding the nature and consequences of the act.
2. 1977 4 SCC 44

Section 84 : Act of a person of unsound mind : incapable of knowing the nature of the act or that he is doing what is either wrong or contrary to law.

1. Mcnaughten - Insanity
2. 2010 10 SCC 582 - Sudakaran Vs State of Kerala -- history of Section 84
3. At the time of doing the act, he should suffer from unsoundness of time 
4. And because of that he was incapable of knowing the nature of the act.
5. What is unsoundness of mind? Not defined 
1. Insanity - He should suffer from some form medical insanity 
2. Legal Insanity - there has to some thing more - he must be incapable of nature of the act
6. Test for Incapable of doing the act
1. Deliberation and preparation of doing the act. - answer is Yes then not passed test
2. Whether it was done in a manner to try to conceal the act - capable of knowing the nature of the act.
3. After the crime the offender shows conciseness of guild and avoid detection - then also he is capable
4. if he gave false statement investigation
5. all these Test are only inferential and NOT conclusive . Court is final arbiter
7. case law
1. 2011 11 SCC 495 - surender Mishra Vs state of Jarkhand
2. Bapu vs State  of 2007 8 SCC 636
3. Srikanth Anand rao Vs State of Maharastra   2002 7 SCC 748

Section 85 : act of a person incapable of judgment by reason of intoxication caused against his will 

1. Law presumes - if intoxication is incapable of judgment
2. such intoxication should be without of his knowledge
3. because of intoxication - unable to knowing the nature act he was doing    

Section 86 : is not Exception it is Explanation.  dealt with as if he had same knowledge as he would have had if had not been intoxicated 

1. Burden of proof on the accused - 105 of IEA - court presumes absence  of exceptions.
2. Standard of Proof is Preponderance of Probability
1. 1974 4 SCC 764
2. 1964 7 SCR 361

General Exceptions - applicable to all the offense

Chapter II : General Explanations

Definition in the code to be understood subject to exceptions r/w General Exceptions

Special Exceptions - Definition it self gives these exceptions

1. Defamation
2. Murder