1. GENERAL EXCEPTIONS
Chapter IV( 76 TO 106) IPC
C. KRISHNA REDDY
F.M (LAW)
AP. POLICE ACADEMY
C.KRISHNA REDDY, F.M(LAW), APPA
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2. GENERAL EXCEPTIONS
Chapter IV( 76 TO 106) IPC
A person is presumed to know the nature and consequences of his
act and responsible for it
Acts non facit reum nisi mens sit rea.
an act does not make a person guilty unless their mind is also
guilty
Exceptions to this rule absence of requisite mens rea
General exceptions need not be repeated
Section 6 of IPC
Throughout this Code every definition of an offence, etc shall be
understood subject to the “General Exceptions
though those exceptions are not repeated for each definition
C.KRISHNA REDDY, F.M(LAW), APPA
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3. General Exceptions
Mistake of fact
Judicial acts
Accident
Necessity
Duress
Infancy
Unsoundness of mind
Intoxication
Consent
Communication made in good faith
Trifles
C.KRISHNA REDDY, F.M(LAW), APPA
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4. GENERAL EXCEPTIONS
Chapter - IV
Excusable Act
Justifiable Act
Mistake of fact Incapacity Accident
Ss.76 & 79
S.80
Infancy
Insanity
Intoxication
Ss.82&83
S.84
Ss.85&86
Judicial Act
Duress
Consent
Communication Trivial
S.93
S.94
Act of Judge Act done by Order of Court With
S.77
S.78
Ss.87-89
C.KRISHNA REDDY, F.M(LAW), APPA
S.95
R.P.D.
Ss.96-106
Without
S.92
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5. GENERAL EXCEPTIONS ARE 7 GROUPS
1. Mistake of fact (Sec: 76 and 79)
2. Mistake of Law or Previlisary acts.(Sec 77 and 78)
3. Accidents (80)
4. Absence of Criminal intent ((Sec 81 to 86) and (92 to
94)
5. Acts don by consent ( 87 to 91)
6. Causing Slight harm (95)
7. Right of Private Defense
Of body (Sec 96 to 102 and 104 to 106)
Of Property ( Sec 96 to 99,103 & 105)
C.KRISHNA REDDY, F.M(LAW), APPA
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6. 1. Mistake of fact (Sec: 76 and 79)
Mistake of fact himself believes that he is bound by law (76)
Mistake of fact himself believes that he is justified by law(79)
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R V/s Tolson,----------76 (punished)
2. Previlizery acts: (Sec 77& 78)
All judicial acts are treated as previlizary acts.
Ex: Judge punishing Death Penalty.
Ex: Hang men hanging the culprit.
R V/s Prince -----------79
C.KRISHNA REDDY, F.M(LAW), APPA
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7. 3. Accident: (Sec 80)
Act done by accident (or)
Misfortune
Without any Criminal intent
Without knowledge
While doing lawful act
Lawful means
With proper care and caution.
Nanavath V/s Maharastra ---------80
C.KRISHNA REDDY, F.M(LAW), APPA
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8. 4. Absence of Criminal Intent: ( Sec 81 to 86, 91 to 94)
1)
An act done to avoid another harm ---81
2)
Act of a child under 7 years----82
3)
Act of a child when he was under 7 to 12 but unable
To understand the consequences
4). act of a lunatic under lunar period----84
5). Intoxicated Person ( 85 & 86 )
a) It shall not be voluntary
b) it must be administered by another without his knowledge (or)
c) against his will
d) when the person unable to know the nature of the act.
R V/s Deadly Stephens ----81
*****Sec; 86 explaining only knowledge like Sec 90 as consent.
Megnoton case ---------------84 (mental)
Basudev V/s S.O.Behar-------86
C.KRISHNA REDDY, F.M(LAW), APPA
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9. 5. Acts done by consent (Sec: 87 to 90)
An act done without Criminal intention
1)
Communication made in good faith =--- 93
2)
Act done under compulsion or threat
a)
b)
c)
no criminal intention
Act does not include murder or offences against the state.
Causing instant death
6. Causing slight harm: Sec 95
K.P.S gill V/s S.O.Panjab---95
C.KRISHNA REDDY, F.M(LAW), APPA
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10. 7. Right of Private Defense:
C.KRISHNA REDDY, F.M(LAW), APPA
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