A study of ‘general exceptions’ under Indian penal code, 1860
Author(s): Suhas V Patki, Sairaj S Suryavanshi and Utkarsh S Patankar
Abstract: An accused can be absolved of criminal liability for any illegal act or omission (offense) committed by him if there are various circumstances that can render an act or action non-criminal/non-offense. General Exceptions are defenses available to the accused that absolve them of criminal culpability. These defenses are dependent on the circumstances at the time, the accused's men's rea, and the reasonableness of his or her actions. The Indian Penal Code, 1860 safeguards or makes an infraction a non-offense in order to keep you or another person in a similar situation from being fined. Sections 76 to 106 guarantee the "right of the people to safeguard his life and limb, as well as the lives and limbs of others". Different methods and criteria for getting or protecting someone are given out further in this article. If found guilty, the accused must be held accountable for his actions and sentenced to the appropriate punishment. Crime entails a guilty mentality, guilty intention, and guilty conduct, in addition to an illegal act or omission. An act that does not meet these criteria for being a criminal is then excused from becoming a crime. These are the most common exceptions that an accused person can use to avoid guilt or avoid committing a crime. There are some exceptions that an accused person can utilize to avoid responsibility or avoid committing a crime that could result in death or harm to an innocent person. Given the democratic structure of our country, the accused should be given the opportunity to be heard as well. This is why specific exceptions exist to allow people to represent themselves in court.
Suhas V Patki, Sairaj S Suryavanshi, Utkarsh S Patankar. A study of ‘general exceptions’ under Indian penal code, 1860. Int J Criminal Common Statutory Law 2022;2(1):52-57. DOI: 10.22271/27899497.2022.v2.i1a.25