GENERAL EXCEPTIONS SECTION-76-106
- The Chapter of General Exceptions is given under Section 76-106.
- This Chapter is considered as Heart and Soul of Indian Penal Code.
- Even though this chapter is part of Indian Penal Code, still it is applicable to all other Minor Criminal Laws.
- The specialty of this chapter is that, whenever the Act of the accused is covered by another exceptions, even though that Act resulted in harm to others, accused will not be punished.
- The general principle of Criminal Law is, that Burden of Proof always lies on the prosecutors. But, when it comes to the chapter of exceptions, burden of proof is shifted to the defense. This is so as per Section-105 of Indian Evidence Act.
- If the Act of the accused is covered by anyone of the covered by anyone of the exceptions, even though the accused doesn’t plead for the application of that exception, court can grant the benefit to such an accused.
- Mistake of fact- Section- 76 and 79.
- Privileged Acts- Section- 77 and 78.
- Accidental Acts- Section- 80.
- Absence of Criminal Intent- Section – 81 to 86 and 92 to 94.
- Acts done with Consent – Section – 87 to 90.
- Trivility- Section- 95.
- Right of Private Defence- Section – 96 to 106.
ALL THE GENERAL EXCEPTIONS ONE BY ONE:-
- Mistake of Fact – Section 76 and 79.
- Judicial Act and Executive Acts – Section 77 and 78.
- Accident – Section 80.
- Act done so as to avoid greater harm – Section 81.
- Acts of Children or Doli Ircapax – Section 82 and 83.
- Insanity or Mental Abnormality or Unsoundness of mind – Section 84.
- Intoxication or Drunkenness – Section 85 and 86.
- Acts done by consent Section 87- 91.
- Acts done in Good faith for the benefit of other – Section 92.
- Communication made in Good faith – Section 93.
- Act done under compulsion or threats – Section 94.
- Act causing slight harm or trifling Act – Section 95.
- Right of Private Defence – Section 96 to 106.
The General Exceptions mentioned above are considered very important for protecting the innocent acts resulting in harm done by the persons.
This Chapter should be properly understood by the defense to protect his innocent client from penal liability.