UPHJS Exam (2019) : Indian Penal Code: Outlines of General Exceptions
Generally, the Indian Penal Code, 1860 prescribes punishments for different offences. However, there are certain exceptions/ defences and conditions wherein the offence committed are exempted from punishments. These exceptions are contained in Chapter IV (Sections 76 to 106) of the IPC. These exceptions make an offence a non-offence. These defences are based upon the foundations of good faith, consent, necessity, reasonable care, larger interest etc. These defenses can broadly be classified into—
- Excusable Defenses
- Justified Defenses
[I] EXCUSABLE ACTS/DEFENCES
- Mistake of facts (Ss.76 & 79)
- Accident (S.80)
- Infancy (Ss.82 & 83)
- Insanity (S. 84)
- Intoxication (Ss. 85 & 86)
[II] JUSTIFIED ACTS/ DEFENCES
- Judicial Act (Ss. 77 & 78)
- Necessity (S.81)
- Consent (Ss.87- 92)
- Communication (Section 93)
- Duress (S.94)
- Trifles (S.95)
- Private Defence (Ss.96-106)
Section 6 of the IPC declares that every definition of offence, or penal provisions and every illustration thereof shall be understood subject to these exceptions.
Accused Obligation to Prove Exception:
The defences can be pleaded by the accused while he is under scanner during trial of an offence. Section 105 of the Indian Evidence Act, 1872 (IEA) declares that the burden to prove the existence of these exceptions or any special exception under the Code lies on the accused. Section 106 further provides that the Court shall presume the absence of such exceptional circumstances. For example, if A commits an offence by reason of unsoundness of mind, the burden of proving insanity will lie on him. But, the aforesaid obligation under Section 105 on the accused shall not absolve the prosecution of burden laid down on it under Section 102 of the IEA.
* Prepared by Team LegalMines. Remaining contents on general exceptions shall be uploaded in sequential manner.
