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What are General Exceptions in IPC - Judicial Acts, Communication, Insanity & More!
IMPORTANT LINKS
The 'general exceptions in IPC' refer to certain conditions, outlined in sections 76 to 106 of the IPC, wherein a person is absolved from criminal liability, even though his act may fall within the definition of a crime. They are founded on the principle of 'actus non facit reum, nisi mens sit rea' which translates to 'an act does not make a person guilty unless the mind is also guilty'. General Exceptions in IPC is important from the perspective of UPSC IAS Examinations
Excusable Acts and Judicially Justifiable Acts
Further the General exceptions in IPSC are divided into 2 categories namely, Excusable Acts and Judicially Justifiable Acts. ket us understand them in brief with the help of table below.
|
Excusable Acts |
Justifiable Act |
|
A mistake of Fact under section 76 and 79. |
An act of Judge and Act performed in pursuance of an order under Section 77 and 78. |
|
Accident under Section 80. |
The necessity under 81. |
|
Infancy – Section 82 and 83. |
Consent under Section 87 – 89 and Section 90 and 92. |
|
Insanity – Section 84. |
Communication under Section 93. |
|
Intoxication – Section 85 and 86. |
Duress under Section 94. |
|
- |
Trifles under Section 95. |
|
- |
Private Defence under Section 96 – 106. |
Mistake of Fact and Mistake of Law (Section 76 and 79 of IPC)
Section 76: If a person is obligated by law or mistakenly believes in good faith that they're obligated by law to perform a certain act, they're not criminally liable for that act. For example, a police officer who arrests an innocent person due to a mistaken identity, believing in good faith that the person is a suspect, would be protected under this section.
Section 79: This section refers to a person who justifiably does an act or mistakenly believes in good faith that they are justified by law in doing that act. Such a person is not liable for a crime. It should be noted that this section only applies to mistakes of fact and not mistakes of law.
Examples
A soldier, adhering to directives from a higher-ranking officer and complying with legal regulations, opens fire on a crowd. In this instance, the soldier has not engaged in wrongdoing.
An official from a Court of Justice, acting in accordance with a court-issued order to apprehend Y, inadvertently arrests Z after conducting a thorough investigation. In this scenario, the officer has not committed an offense.
Major Exceptions in IPC (Indian Penal Code) - In Brief
Major Exceptions in IPC (Indian Penal Code) are listed below.
Judicial Acts (Section 77 and 78, IPC)
Section 77: This section immunizes judges from criminal liability for any acts performed when exercising their judicial functions, even if the act results in harm.
Section 78: This section gives protection from criminal liability to acts done in pursuance of a court’s judgment or order. The act must be in good faith and must be done in compliance with a court order.
Accident (Section 80 of IPC)
An act committed without criminal intent and purely by accident while doing a lawful act is not an offense. For example, if a person accidentally steps on another person’s foot causing injury while walking, they can invoke this section to avoid liability.
Learn about Abetment IPC here!
Necessity (Section 81 of IPC)
An act committed to prevent a greater harm from happening is not an offense, even if the act might cause some harm. The principle of lesser harm or necessity can absolve an individual from criminal liability, provided the harm avoided was significantly more than the harm caused.
Infancy (Section 82 and 83, IPC)
Section 82: Children under the age of seven are deemed incapable of committing a crime and are thus immune from criminal liability.
Section 83: Children between seven and twelve years who lack sufficient maturity to understand the consequences of their actions are also immune from criminal liability.
Insanity (Section 84 of IPC)
An act of a person with an unsound mind, who is incapable of understanding the nature of the act or knowing that the act is either wrong or contrary to law, is not an offense.
Intoxication (Section 85 and 86, IPC)
Section 85: Acts done by a person intoxicated against their will and who is incapable of knowing the nature of the act or that what they are doing is either wrong or contrary to the law are not offenses.
Section 86: This section deals with voluntary intoxication. Here, the person is responsible for the offense committed, even if they were intoxicated while committing it, unless the act was done under a mistaken belief of fact.
Also, learn about Criminal Conspiracy Under IPC in detail here!
Consent (Sections 87 to 92)
These sections hold that actions done with the consent of the victim are not offenses, except when the actions lead to the death of the person giving consent.
Communication in Good Faith (Section 93 of IPC)
Communications made with the intention of preventing harm, even if they lead to harm, are not offenses if made in good faith.
Compulsion (Section 94 of IPC)
An act committed under duress and fear of immediate death is not considered an offense, provided that the act doesn’t lead to the death of an innocent person.
Know about Defamation Under IPC here!
Trifles (Section 95, IPC)
Acts causing slight harm that would ordinarily be offenses are not considered offenses if they are too trivial to be treated as such.
Private Defence (Sections 96 to 106, IPC)
These sections establish the right to self-defense and defense of property. However, they set forth various limitations on these rights. The force used in defense must be proportionate to the threat faced and must not result in more harm than necessary.
In summary, these general exceptions serve as a counterbalance to the penal provisions in the IPC. They recognize that certain circumstances can absolve individuals from criminal liability, reflecting the maxim "actus non facit reum, nisi mens sit rea", meaning an act does not make a person guilty unless the mind is also guilty.
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General Exceptions in IPC FAQs
How does the concept of 'general exceptions in IPC' apply in the case of 'criminal conspiracy under IPC'?
Under IPC, a criminal conspiracy is defined in Section 120A. The general exceptions would apply if the act of conspiracy falls under any of the exceptions, for example, if it was committed under duress or due to a mistake of fact.
What is the interplay between 'Section 76' and 'criminal conspiracy IPC'?
Section 76 can exempt a person from liability for criminal conspiracy under IPC if he committed the act under the belief, in good faith, that he was bound by law to do so.
How do general exceptions relate to the principle of 'mens rea'?
General exceptions are closely related to the principle of 'mens rea'. These exceptions address situations where the 'actus reus' may be present, but the 'mens rea', or guilty mind, is absent. This absence of a guilty mind is why these exceptions exist.
Are general exceptions applicable to all crimes under IPC?
Yes, general exceptions are applicable to all crimes unless expressly or impliedly barred by the specific statute.
Can 'criminal conspiracy under IPC' fall under 'general exceptions in IPC'?
Yes, a criminal conspiracy under IPC can fall under general exceptions, provided that the circumstances meet the criteria outlined in the relevant sections, such as Section 76 or 79.