Amity Law School Noida
Amity Law School, Noida
B.A.LL.B. 3 Year 3 Sem
Law of Crimes- IPC
Ashwani Pant
1
Amity Law School Noida
Topic of the session
GENERAL EXCEPTIONS –
INTRODUCTION
General Amity Law School Noida
Exceptions
Section 6 of I.P.C. Chapter
IV
“Throughout this Code
every definition of an offence,
every
penal provision and every Includes section 76 to Section
106
illustration of such
every Penal provision,
Applicable to all special and Local
definition or
shall be Understood subject Laws
to
exceptions contained in the
chapter entitled
General Govern offences define in all sections of criminal
laws
Exceptions”
3
Amity Law School Noida
General Principle
Prosecution has to prove its case Before the enactment of
beyond reasonable doubt against the Indian Evidence Act, 1872
accused
In General Exceptions “Prosecution had to prove that
As per section 105 of Evidence Act it the case doesn’t fall in any of
A claimant of General has to prove the general exceptions, but
the existence of situation of general section 105 of Evidence Act
exceptions shifted the burden on
claimant."
Amity Law School Noida
Lies with the Accused
Burden of • K.M. Nanawati Vs. State of Maharashtra
Proof in • 1962 AIR(SC) 605
General • Dayabhai Chhaganbhai Thakkar Vs. State
of Gujarat 1964 AIR(SC) 1563
Exceptions • Vijayveersingh Vs. State of Uttar
Pradesh 1990 AIR(SC) 1459
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TYPES OF GENERAL EXCEPTIONS Amity Law School Noida
UNDER IPC
General Mistake of fact (Sec 76,79)
Exception Excusable Accident (Sec 80)
Act of Infancy (Sec 82,83)
Exceptions Act under Insanity (Sec 84)
Act under Intoxication (Sec 85,86)
Judicial & Executive Act (Sec 77,78);
Justifiable Act of Neccessity (Sec 81)
Act under Consent (Sec 87-92)
Exceptions Act under Compulsion (Sec 94)
Act of Private Defence (Sec 96-106)
Amity Law School Noida
Section 76 : Bound by
Law
Nothing is an offence
which is done by a
person who is, or who By Mistake of fact
by reason of a mistake
of fact and not by reason
Not by mistake of
of a mistake of law in Law In good faith
good faith believes
himself to be, bound by Believes himself
law to do it.
Amity Law School Noida
Section 79 : Justified by
Law
Nothing is an offence
which is done by any
person who is justified by
By Mistake of fact
law, or who rby oereason
rasownof hoof
a
mistake of fact and not by
Not by mistake of
fancottof a mistake
reason ay of law
anbd
in ynortefaith,
good
b
absyobelieves
rneasoo
Law In good faith
fn omf to be justified by
himself
goodd bbeeilleei v Believes himself
ig
slaw, h
hmimint
a m
i k e
is doingse
t ake
se lf toit.ofbblw
fl ofo
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iju
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niedd bby eya
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i
Nature of Mistake as an Excuse Amity Law School Noida
Three Points to remember:
1.The State of things believed to exist would, if true, have
justified the act done;
2. The mistake must be reasonable;
3. The mistake must relate to fact and not to law;
Amity Law School Noida
Section 77 : Act of Judge
Nothing is an
offence which is
done by a Judge When Acting Judicial
when acting
judicially in the y In Exercise of
exercise of any
power which is, or Power
which in good faith
he believes to be, Conferred upon him or
given to him by law.
In good faith he
believes
Amity Law School Noida
Section 78 : In Compliance of Court
Nothing which is done in
order
pursuance of, or which is
warranted by the judgment
or order of, a court of
justice, if done whilst Must be in force
warranted
is by a judgment
or Act done in compliance of
offence, notwithstanding
order remains in force, is
the
an may have
jurisdictio
court to hadsuc Passed within jurisdiction
n h
provided
judgmentthe person
pass doing
order Or In good faith he
the act in orgood , faith
believes that the court had
such jurisdiction. believes
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•Dakhi Singh v. State AIR 1955 All 379; Amity Law School Noida
Important •Kiran Bedi & Jinder Singh v. Committee of Inquiry AIR 1989 SC 714;
Judgements •Raj Kapoor v. Laxman AIR 1980 SC 605;
•Surendra Kumar Bhatiya Vs. Kanhaiya Lal & Others AIR 2009 SC 1961
(Collector while exercising power under Land Acquisition Act is neither a
judge nor acting judicially.);
•Susheel Kumar Ansal Vs. State through C.B.I. 2014 (6) SCC 173 ( In Uphaar
Cinema Case Element of Good faith was lacking as the accused did not act
with proper care & Caution required by law)
•Private Persons acting under Sec. 38,43,72& 73 of Cr.P.C are also
protected under Sec 79 IPC.
Amity Law School Noida
Section 80 : Accident in doing a Lawful
Act
Nothing is an offence
which is done by
accident or misfortune, Without
and without any criminal
intention or knowledge Criminal Intention or
in the doing of a lawful
act in a lawful manner Knowledge
by lawful means and
with proper care and Doing of a Lawful act
caution.
In a Lawful manner
