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Introduction

Crime can be defined as a human conduct which amounts to an offence and is punishable under criminal law. Every person who has committed a crime has to face are criminal justice. There are four major elements of a crime, Actus Reus, Mens Rea, Absence of defence, and Consequence. A legal maxim says “actus non-facit reum nisi mens sit rea” which means an act is not a criminal act; unless there is a criminal intention related to it. Therefore, for constituting a criminal liability on someone it is important to establish that there is Actus Reus (physical act) and Mens Rea (wrongful intention) in relation to the act.

Chapter IV of the IPC talks about General Exceptions (section 76 to 106); even if the first two elements of the crime are present the person may get exemption from his criminal liability. Although such acts may constitute an offence which prescribes punishment; but if it falls within one of the general exceptions he can be exempted from his liability. Section105 of The Indian Evidence Act, 1872 places the burden on the accused to prove that the case falls within one of the general exceptions.

There are several factors which come under general exception like Mistake of Fact, Mistake of law (judicial act), Accident, Necessity, Infancy, Intoxication, Insanity, Consent, private defence, etc.

Mistake of Fact

Section 76 and 79 of IPC talks about the Mistake of Fact. An act done under the sense of being bound by the law or under good faith may constitute a mistake of fact.  If a person does some crime under mistake of fact then he can be exempted from his liability.

Mistake of Law or Judicial Act

The second exception is the Mistake of Law or Judicial Act under section 77 and 78 of IPC. Mistake of law is not a defense for the general public; Only Judges can use this Act. If a Judge, acting under his judicial capacity in good faith, does an act in the exercise of his power or in the exercise of his power he believes the law provides him with then for such act he can take the defense of mistake of law for getting exemption from his liability.

Accident

Section 80 of IPC talks about the general exception of Accident. An act will be considered as an accident only if the act is lawful. It’s implementation is lawful via lawful means, with no criminal intention or knowledge, and is reasonable, with a provision for due care and caution.

Necessity

Necessity is the fourth general exception. Section 81 of the IPC talks about Necessity. If the implementation of an act is without a criminal intention, in the presence of knowledge and good faith to prevent greater harm, it will amount to the situation of necessity.

Infancy

Section 82 and 83 of IPC talks about Infancy. According to Section 82, any act a child below seven years of age does will not be an offence.

Section 83 talks about a child with age more than seven years and less than 12 years. They are considered as Doli capax because depending upon the maturity level and situation they may have the capacity to commit a crime. He might not understand legal consequence but should be able to understand the natural consequence of the act.

Any child above the age of 12 years will face trial in the same manner as an adult. There is no exemption from liability for them. The decision of liability is on the basis of their maturity level.

Intoxication

Section 85 of IPC talks about Intoxication. For taking the defence of intoxication it is important to establish that the implementation of act took place in the duration of intoxication of the person; the intoxication was involuntary which means either the person was intoxicated without his knowledge, or against his will or forcefully; also the person intoxicated must not be able to understand or should not have the ability to understand the nature of the act, if the act is wrong, or if the act is contrary to the law or not.

Insanity

The next general defence is Insanity. Section 84 of the IPC talks about insanity (unsound mind). It must be kept in mind that all mental insanity is not a legal insanity but all legal insanity are mental insanity.

To establish that an insane person did the act we need to prove that a person of unsound mind committed the offence and he failed the understanding of the nature of the act; if the act was wrong or contrary to law.

Consent

Section 88 talks about consent. For taking the defence of consent one must prove that the act was done without any criminal intention, in good faith, the consent was given by the person (implied or expressed), was done for the person’s benefit with the knowledge of probable harm. Consent by a child or an insane person or under the fear of injury will not be considered as a free consent.

Private Defence

One of the most important general defences is Private Defence. Section 97 talks about private defence. If a person does an act to protect himself, or property belonging to him or protection of others body or protection of others property will amount to private defence. Also, If a person does an act to protect his own body then its referred to as self-defence. If the exception of private defence or self-defence is established then the person will be exempted from this criminal liability.

These are some of the major general defences under IPC.


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