General Exceptions Under Bhartiya Nyaya Sanhita , 2023 - Legal Service India

General Exceptions Under BNS, 2023

The criminal law covers various punishment which vary from case to case. But it is not always necessary that a person gets punished for a crime which he had committed. The BNS, 2023 recognizes defences in Chapter III under “General Exceptions”.

Section 14 to 44 of BNS 2023 covers these defences. These defences depend upon the circumstances prevailing at that point of time, men’s rea of person and reasonablility of action.

Objective

These are the exceptional circumstances in which an individual can escape liability.

Burden of Proof

Section 108 of Bhartiya Sakshya Adhiniyam, 2023 says that burden of proving General Exceptions lies in the accused.

Fabric of Chapter III

Section 3(1) of BNS declares that all the offences in BNS are to be read subjected to General Exceptions.

Exceptions Under BNS – Provisions

The two kind of exceptions are-

Types of Exceptions

Category	Exceptions	Sections
Excusable Exceptions	Mistake of Fact	14 & 17
	Infancy	20 & 21
	Accident	18
	Insanity	22
	Intoxication	23 & 24
Justifiable Exceptions	Judicial Acts	15 & 16
	Necessity	19
	Consent	25 to 29
	Duress	32
	Communication	31
	Trivial Act	33
	Private Defence	34 to 44

Let’s discuss all the exceptions in brief –

Excusable Acts

An excusable act is the one in which though the person had caused harm, yet that person should be excused because he cannot be blamed for the act.( Absence of mens rea).

Justifiable Acts

Justifiable acts are the actions that, while fitting the definition of an offense, are not considered criminal because the law authorizes or justifies them based on circumstances like necessity, legal duty, or self-defense.

A. Mistake of Fact

It is derived from the legal maxim- ” Ignorantiam facti doth excusat, Ignorantiam juris non excusat”

Section 14 provides that if an accused is charged for the commission of the crime without his knowledge of the fact and in good faith he believes himself to be bound by the law to do it, he can be given protection but unawareness of law is not a defence.

Section 17 states that , if a person does an offence which he believes is justified by law or done because of mistake of Fact believes himself to be justified by law, is protected under this section.

Essentials of This Exception

Mistake must be reasonable.
The mistake must relate to the fact and not the law.

Case:- R v Tolson (1889) :- Martha Tolson was deserted by her husband in 1881. After making inquiries and believing in good faith based on reasonable information that he had died, she remarried in 1887. The husband reappeared shortly after.The court held that such a mistake negates mens rea (guilty mind) in statutory offenses, overturning a bigamy conviction.

B. Judicial Acts

Acts done by judicial officers exercising their powers derived from the statute are called judicial Acts.

Section 15 gives protection for the acts done in exercise of the powers within the jurisdiction.
Section 16 gives protection for the acts done even if the authorized court has no jurisdiction. Act done by the order of the court is also covered under this section. E.g, Hangman is protected by this exception.

C. Accident

Nothing is an offence which is done by accident or misfortune, without any criminal intention or knowledge in the doing of a lawful act in a lawful manner and with lawful means and with proper care and caution.

D. Necessity

The doctrine of necessity emanates from the Latin maxim ” Quod necessitas non hebet legam” means Necessity knows no law. Necessity is classified into two types- public necessity and private necessity.

Essentials

There must exist knowledge of harm but without the criminal intention, the act is being committed.
The harm must be caused to protect the life of property of the accused or any other person.
The act must be done in good faith.

Case:- R v Dudley and Stephens (1884) is a landmark English criminal case establishing that necessity is not a defense to murder. Shipwrecked crew members killed and ate a cabin boy to survive, but the court ruled that taking an innocent life, even in extreme necessity, is illegal, setting a precedent that the right to life is paramount.

E. Infancy

Section 20 says that an act of a child below 7 years of age is no offence. ( Doli Incapax i.e, incapable of committing crime).
Section 21 says that nothing is an offence which is done by a child above 7 years and under 12 years of age , who has not yet attained sufficient maturity of understanding the nature and consequences of the act.

Case:- Emperor v. Wali Mohammed (1936) – Two minor boys were accused of throwing stones at a train. The court held that children were exempted from criminal liability.

Case:- Hiralal Mallick v. State of Rajasthan (1978) – A child of 12 years of age along with his two brothers killed the deceased. They struck a sword on the throat of the deceased. The court held that the child was aware of his actions and thus convicted them.

F. Insanity

The Essentials of This Section Are as Follows

The accused must be of unsound mind during the commission of the crime.
There must be the absence of motive in the commission of crime.
The accused is unaware of the consequences of the act owing to his mental incapacity.

Case :- R v. M’Naughten ( M’ Naughten Rule)

Burden of proof is on accused.
The insanity must be at the time of commitment of crime.

Insanity can be legal or medical . Every medical insanity is not a legal insanity and this non excusat.

Case:- Ashiruddin Ahmed v. The King

The accused who was commanded by someone in paradise, took his 5 years old son into a mosque and thrust a knife in this throat, afterwards he went to his uncle and quietly told him what he had done. Here The court allowed the accused to take defence of insanity.

G. Intoxication

It is the state of person by which both his physical and mental condition is weakened due to intake of alcohol or any other intoxicating substance.

Section 23 – Involuntary Intoxication

Intoxication must be without his will or knowledge.
Incapability of knowing the nature of act due to intoxication.

Section 24 – Voluntary Intoxication

Although voluntary drunkness is not a defence, it is a factor which needs to be taken into consideration in basically two types of cases-

In the cases the offence is of such a nature that a particular intent is required to commit that offence and it is proved in the court that the extent of the drunkness of was such that it was impossible for him to form particular intent.
Where habitual drunkness has resulted in such a mental condition of the accused that he is not capable of understanding the nature and consequences of his acts or that his acts are contrary to law.

The defence of consent is based on the Roman Law maxim ” volenti non fit injuria” ( where a person has given consent to suffer a harm , he cannot complain of any injury that flows therefrom)

Section 25 says that consent given for any harm other than death or grievous hurt , creates no liability.
Section 26 says that act done in good faith for the benefit of another person with their consent will not be considered as an offence.
Section 27 says that act done with the consent of the guardian for the benefit of a child or a person of unsound mind, is no offence.

Consent is not a valid defence in the following situations:

Sl. No.	Situation Where Consent Is Invalid
1	Consent by a person under a fear of injury.
2	Consent under misconceptions of fact.
3	Consent by a child under the age of 12.
4	Consent by a person of unsound mind.
5	Consent by an intoxicated or drunken person.

Acts Which Are Offences Independently of Harm (Section 29)

Section 29 deals with the acts which are offences independently of any harm which they may cause to the person giving the consent.

Example: Causing Miscarriage.

The essentials are:

It must be done for the benefit of the person who suffers harm.
Must be done in good faith.
There was no time to obtain the consent of the person.
When it is impossible to signify the consent.
There was no guardian to obtain consent.

Communication Made in Good Faith (Section 31)

Section 31 states that communication made in good faith is not an offence even if it causes a person any harm.

H. Duress (Section 32)

Section 32 states that an act is not an offence if the person was compelled to do it by threats that created a reasonable apprehension of instant death.

Exception

This defense does not apply to murder or offences against the State punishable by death.
The defense is invalid if the person voluntarily placed themselves in the situation.

I. Trivial Act (Section 33)

Section 33 says that nothing is an offence simply because it causes, is intended to cause, or is known to be likely to cause minor harm.

J. Private Defence (Section 34 to 44)

Section 34 to 44 deals with Private Defence. The right to Private Defence under BNS is a defence which a person exercises to protect one’s or other’s body or property. It is not an absolute right. It also has some restrictions and limitations.

Conclusion

The General Exceptions under the Bharatiya Nyaya Sanhita, 2023 reaffirm that criminal law is not merely about punishment but about justice. They recognize that intention, circumstances, and human limitations matter. By protecting acts done without criminal intent or under lawful justification, these provisions ensure fairness within the framework of accountability. Ultimately, they stand as a safeguard against unjust conviction and uphold the true spirit of criminal jurisprudence.

What's Hot

Tags

Categories