General Exceptions in Indian Penal Code (IPC): Part I

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Criminal law covers a diverse range of punishments and penalties that differ based on various situations but it is not always important to punish a person for a crime committed by him/her. Considering this, the ‘General Exceptions’ were introduced in the Indian Penal Code, 1860, to protect an individual against a crime. To charge an accused with a crime under the Indian Penal Code, 1860, the two sines qua non-essentials, Mens Rea and Actus Reus, must be met. These are the two fundamental elements of the crime that are required to be fulfilled to make an individual liable for a crime under IPC. The term ‘Mens Rea’ is defined as evil intention or purpose whereas ‘Actus Rea’ is a commission of the act in furtherance of the evil intention. If any of the two fundamental elements are missing then the accused is not held accountable for committing a crime and may plead for defence under Chapter IV of IPC, 1860. Chapter IV of the Indian Penal Code illustrates ‘General Exceptions’ covering Sections 76 to 106 guaranteeing the “right of the people to safeguard his life and limb, as well as the lives and limbs of others”. These exceptions are divided into two categories: excusable exceptions and justifiable exceptions. In this article, we will discuss excusable exceptions and Sections related to them under the Indian Penal Code, 1860.

Excusable Exceptions

Excusable exceptions are the exceptions to the crime that are exempted from criminal obligation. The crimes in which the evil intention, purpose, or bad character of an individual committing the crime cannot be established even though the same had caused harm to the other person. These exceptions are mistake of fact, accident, infancy, insanity, and intoxication, which are discussed as follows:

Mistake of fact

• Section 76 of the IPC deals with ‘Act done by a person bound, or by mistake of fact believing himself bound, by law’ and is derived from a legal maxim ‘Ignorantia facti excusat, ignorantia juris non excusat’. It illustrates that nothing is an offence which is done by an individual who is or by reason of a mistake of fact and not by a mistake of law in good faith believes himself to be compelled by law to do the same. For instance, if a soldier fires on a mob as per the order given by his superior officer in conformity with the commands of the law then the soldier is not liable for the same. 
• Section 79 of the IPC deals with ‘Act done by a person justified, or by mistake of fact believing himself, justified, by law’. As per this Section, “Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in doing it.” 

This exception is a defence only when a mistake is reasonable and relates to fact rather than law. 

Accident

• Section 80 deals with an accident committed by a person while performing a lawful act. It states that no individual is held liable for an act done by accident or misfortune and without any criminal intention or knowledge in the course of performing a lawful act in a lawful manner and by using lawful means with proper caution. 

Infancy

• Section 82 of the Indian Penal Code states that any act of a child under seven years of age is not an offence. 
• Section 83 covers those acts performed by a child above seven and under twelve years of age. According to this, a child above seven and under twelve years of age has an immature understanding to judge the nature and consequences of his conduct; therefore, the act or crime performed by them is not an offence. 

Insanity

• Section 84 IPC deals with ‘Act of a person of unsound mind’ and states that “Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.” For instance, if a person who is of an unsound mind or insane kills another person with a knife believing it to be a fun game then the person of an unsound mind is not held accountable for another person’s death because he was not aware of the nature of act, it’s consequences and law. 

Intoxication

• Section 85 of the Indian Penal Code deals with an act of a person incapable of judgment because of intoxication caused against his will. It illustrates that nothing is an offence that is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or is incapable of determining what he/she is doing is either wrong or contrary to law, provided that the thing which intoxicated him was administered to him without his knowledge or against his will. 
• Section 86 deals with ‘Offence requiring a particular intent or knowledge committed by one who is intoxicated’. It states that “In cases where an act done is not an offence unless done with a particular knowledge or intent, a person who does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge as he would have had if he had not been intoxicated, unless the thing which intoxicated him was administered to him without his knowledge or against his will.”

Apart from these exceptions, the Indian Penal Code, 1860 also determine certain “justifiable exceptions” which are judicial act, necessity, consent, communication, duress, trifles, and private defence.