The Indian Penal Code, 1860 provides for general exceptions for a person accused of committing any offence under the code to plead in his defence. Explain any eight exceptions.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2019
The Indian Penal Code, 1860 provides for general exceptions for a person accused of committing any offence under the code to plead in his defence. Explain any eight exceptions.
Answer & Explanation:
The Indian Penal Code, 1860 (IPC) provides for general exceptions for a person accused of committing any offence under the Code to plead in his defense. General defences or exceptions are contained in sections 76 to 106 of the IPC. In general exceptions to criminal liability there will be absence of mens rea (guilty mind) on the part of the wrong-doer. If there is any general defense of the accused in a criminal case, the burden of proving lies on him under section 105 of the Indian Evidence Act, 1872. The exceptions are: 1. Mistake of Fact bound by law 2. Act of Judge when acting judicially 3. Act done pursuant to the judgment or order of Court 4. Mistake of Fact-justified by law 5. Accident in doing a lawful act 6. Act likely to cause harm, but done without criminal intent, and to prevent other harm 7. Act of a child under seven years of age 8. Act of a child above seven and under twelve of immature understanding 9. Act of a person of unsound mind 10. Act of a person incapable of judgment by reason of intoxication caused against his will 11. Offence requiring a particular intent or knowledge committed by one who is intoxicated 12. Act not intended and not known to be likely to cause death or grievous hurt, done by consent 13. Act not intended to cause death, done by consent in good faith for person's benefit 14. On consent of guardian if any act is done in good faith to it 15. Consent 16. Exclusion of acts which are offences independently of harm caused 17. Act done in good faith for benefit of a person without consent 18. Communication made in good faith 19. Act to which a person is compelled by threats 20. Act causing slight harm.
Topics: Indian Penal Code, 1860
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