Chapter VI put forward exception to this general rule, which can be summarized thus: 1.

Judicial acts (SS, 77, 78) 2. Mistake of fact (SS, 76, 79) 3. Accident 4. Absence of criminal intent. (SS 81-86, 92-94) 5. Consent (SS 87-90) 6. Trifling Acts. (S.95) 7. Private Defence (SS, 96-106)

General Exceptions IPC-Short Note

Indian Penal Code is the major criminal law in India which defines substantive offences and prescribes their respective punishments. Every offence is treated as a crime against society. One of the major requirement to accuse any one of an offence is the presence of mens rea or guilty mind. It is the saying in law that an act should be coupled with necessary mens rea to constitute a crime. In certain cases even if the act is not performed, one can be punished for his guilty mind. Thus forms the importance of mens rea in Penal Law. So we must conclude that the presence of guilty intention is the measure of one's guilty act. But there are circumstances in which the mind can be transformed by some external forces to perform the illegal act. Thus even though an act is criminal the mind had no intention to perform the same. Such is the case when an external force instigates the mind to do a crime. In criminal law the most heard saying is that no innocent must be punished even if thousand criminals escape. It will not be just to punish someone who was controlled by a criminal as a puppet to do an illegal act. Like wise, there are certain circumstances which would exempt a person from major punishment or entitle to smaller punishments. Such circumstances are termed 'General Exceptions' in the IPC. They are spread throughout Sections 76 to 106 of the Code. The exceptions as provided are as follows with the relevant sections in brackets: 1. Mistake [76, 79] 2. 3. 4. 5. 6. 7. 8. 9. 10. Judicial acts[77,78] Accident[80] Necessity[81] Infancy[82,83] Insanity[84] Drunkenness[85,86] Consent[87 to 93] Compulsion[94] Trifles[95]

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Private Defence[96 to 106]

The above forms of exceptions are generally divided into two viz. excusable and justifiable. In excusable the mens rea is completely absent. In justifiable the acts are not left excused; but are justifie

Mistake-General Exception-Indian Penal Code

Exceptions are of two types viz excusable and justifiable. Mistake is an excusable Exception. It is contained in Chapter IV of IPC in Sections 76 and 79. Section 76 of the IPC says that nothing is an offence which is done by a person who, is 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, bound by law to do it. It is clear from the section itself that only mistake of fact can be put forward as an Exception. 'Ignorantia juris non excusat' or ignorance of law is not an excuse according to the Section. So inorder to constitute an exception the necessary ingredients are as follows: There must be an act done The act must contain ingredients of an offence The act done must be due to ignorance of fact There must be good faith in doing the act ie there must be due care and caution or such belief Belief that he is bound by law to do the act.

Some or all of the above ingredients shall be present in order to plead the General Exception of Mistake. If the act comes under Mistake, the accused will not be punished. A similar provision is laid down under Section 79 which says that 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. Thus if a person sees another commit an act which appears to the first person a murder and the first person in good faith seizes the other to be brought before the police, he has not committed an offence of wrongful restraint or confinement or like those. The reason is that he was under a mistake of fact and in seizing the other he has done a lawful thing in good faith.