Ikyan Shah … Advocate High Court … https://www.facebook.
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General defenses in the Pakistan Penal Code.
1) Introduction
● A lot of crimes are being committed all over Pakistan daily. It is difficult to apply general
defences to a specific crime because there are several defences for different crimes. In
case of a criminal violation, there are two parties’ the state and the accused. The state is
the person whose rights have been violated and who goes to court seeking a remedy.
On the other hand, the accused is a person who has violated the rights of the other
person. In general defence, the person who commits wrong is he wrongdoer and is
liable for the criminal breach
2) Definition of general defense
● In criminal proceedings, the court, the denial of the injured person’s claim by the accused is
called general defence in criminal law
3) General Defenses
Following are the general defences in criminal law. Details are being given under
1. Minority
● Under the Pakistan Penal Code, such an act is an offence but it has been performed by a
child who is under seven years of age; because the child under seven years of age cannot
differentiate between right and wrong that’s why he is incapable of performing an
offence. And this is a very valid defence in criminal law
2. Insanity
● Under the Pakistan Penal Code, Such an act is an offence but it has been performed
by a person who is insane or unsound mind because the person who is insane
cannot
differentiate between right and wrong. That's why he is incapable of performing an
offense and he does not know the reaction of his act. And this is a very valid defence in
criminal law
⮚ Insanity by drunkenness
● If the insanity is brought by drunkenness, because it is due to voluntary
intoxication, it is not a valid defence to criminal liability
⮚ Medical Insanity
● If a person is medically insane and cannot differentiate between right and wrong. It
is a valid defence against criminal liability
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3. Intoxication
● Under the Pakistan Penal Code, such an act is an offence but it has been performed by a
person who had drunk because the person who had drunk cannot differentiate between
right and wrong. That's why it is a very valid defence against criminal offences.
⮚ Voluntary intoxication
● An accused who had drunk voluntarily, is not a defence in criminal liability for a
crime
⮚ Involuntary intoxication
● An accused who had drunk involuntarily is a very good defence in criminal liability
to a crime because he has been drunk by a fraud
4. Mistake of fact
● In a mistake, the accused will have to prove that the wrong done was performed
mistakenly. This is not a very valid defence because it is very hard to prove that a wrong
done which has been committed by the accused purely based on a mistake. It will be
considered a mistake when the genuinely accused does not know the reaction to his
action and such an act become the reason for injury to another person
⮚ Non-existence of Mens rea
● If a person has committed an act which is offence but he did it unintentionally, it is
a valid defence
⮚ Existence of Mens rea
● If a person has committed an act which is offence but he did it intentionally, it is
not a valid defence for criminal liability to crime
5. Consent
● In very limited situations an accused can claim that the victim consented to the accused’s
act
● For example, you are a spectator of a cricket match, the batsman hits a six, and the
ball lands on your head, but you cannot claim compensation either from the stadium
authorities or the batsman because when you took a seat in the stadium, you accepted
the risks while sitting in the stadium. Because the wrongdoer can prove that the
injured person voluntarily put himself in that situation.
⮚ Consent taken by undue influence
● If the consent has been taken by the accused by using unfair means or by putting
undue pressure, such kind of consent is not a valid defence to criminal liability
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⮚ Consent taken by undue influence
● If the consent has been taken by the accused by using unfair means or by fraud,
such kind of consent is not a valid defence to criminal liability
6. Private defense
● Under the Pakistan Penal Code, private defence is a valid defence. Because every
individual has the right to protect his life and his property from the accused and during
this protection he can use a certain amount of force if necessary. The criminal law
recognizes this right and any injury which is caused by the personal protection will not
give rise to legal remedy
⮚ Types of private defence
Private defence is of two types
1) Private defence of person
2) Private defence of property
7. Inevitable accident
● When an injury is caused to a person by an accident which can’t be avoided even with
reasonable care
● For example, if a person is accidently injured and something happens that accident
can’t be avoided even with reasonable care. After all, how can an injured person
blame someone else for this accident?
8. Necessity and compulsion (Pressure)
● In necessity, the accused will have to show that the act he did was necessary under a
certain situation. If the accused succeeds in proving his necessity in this case, the
accused will not be sued by the victim and that is a valid defence.
● For example, if an accused enters into your private land to collect water from your well
to put out a fire in his house. The level of necessity should be very high. If damage is
caused to avoid greater damage, it becomes a good defence
4) Conclusion
● An action which has been performed under lawful provision has not been sued by the
victim in any court of law. The criminal law has defined those circumstances where
criminal acts are justifiable and excusable. As well as the criminal law does not permit
anyone to perform unreasonable acts under the statutory provision or by the general
defence because such kind of act will be considered a criminal offence
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General Defenses in Pakistan Penal Code:
Introduction: A discussion on general defenses in the Pakistan Penal Code, which
apply to criminal proceedings. These defenses serve to deny the claims made by the
injured party.
General Defenses:
Minority: 👶🚫
● Applies when a child under seven years of age commits an offense, as they are
incapable of understanding right from wrong.
Insanity: 🤪🚫
● Pertains to acts committed by individuals who are insane or mentally unsound,
rendering them incapable of distinguishing right from wrong.
Insanity by drunkenness: 🍻🤪
● Intoxication-induced insanity is not a valid defense, as it is a result of
voluntary intoxication.
Medical insanity:
● If a person is medically determined to be insane and unable to differentiate
between right and wrong, it serves as a valid defense.
Intoxication: 🍻🚫
● When an offense is committed under the influence of alcohol or drugs,
impairing the ability to distinguish right from wrong.
Voluntary intoxication: 🍻🚫
● If a person willingly becomes intoxicated, it is not a valid defense for criminal
liability.
Involuntary intoxication: 🍻🚫
● If a person is intoxicated without their consent, it can be a valid defense as it
was not a voluntary act.
Mistake of fact: ❓🔎
● The accused must prove that the wrongful act was committed mistakenly,
genuinely unaware of the consequences, causing harm to another.
Non-existence of Mens rea: 🤷🚫
● If an act is committed unintentionally, it can serve as a valid defense.
Existence of Mens rea: 🤷🚫
● If an act is committed intentionally, it is not a valid defense against criminal
liability.
Consent: ✍️🚫
● Limited situations exist where an accused can claim the victim's consent as a
defense. However, consent obtained through undue influence or fraud is not a
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valid defense.
Private defense:
● Individuals have the right to protect their life and property using a reasonable
amount of force when necessary. Any injury caused during this private defense
does not give rise to legal remedies.
Types of Private Defense:
Private defense of person:
● Defense of oneself or another person against imminent harm or danger.
Private defense of property:
● Defense of one's property against unauthorized intrusion or threat.
Inevitable accident: 🚧🚫
● When an injury occurs due to an unavoidable accident, even with reasonable
care, it is not a valid ground for blame.
Necessity and compulsion (Pressure): 💪🤷
● If the accused can prove that their actions were necessary under specific
circumstances, it can serve as a valid defense. For example, taking water from
someone's well to put out a fire.
Conclusion: General defenses in the Pakistan Penal Code provide justifications and
excuses for certain criminal acts. These defenses acknowledge circumstances where
criminal liability may be negated or reduced under specific legal provisions or
general principles of defense. However, unreasonable acts are not protected under
these defenses and are considered criminal offenses.
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