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general exceptions

English · Criminal law

Meaning. The defences in Chapter III BNS (ss.14 to 44) that make an act no offence despite its definition.

Chapter III of the Bharatiya Nyaya Sanhita, 2023 (old Chapter IV, ss.76–106 IPC) sets out the general exceptions. They fall into excusable acts, where the actor lacks a guilty mind (mistake of fact, accident, infancy, unsoundness of mind, involuntary intoxication), and justifiable acts, which are otherwise wrong but allowed in the circumstances (judicial acts, necessity, consent, communication in good faith, trifles, private defence).

By s.3(1) BNS every definition of an offence is read subject to these exceptions, so they need not be repeated in each section. The burden of proving that a case falls within an exception is on the accused (s.108 BSA, old s.105 Evidence Act), but only on a preponderance of probabilities, not beyond reasonable doubt.

Example

A child of six who takes a toy from a shop commits no offence, because s.20 BNS is one of the general exceptions.

In Indian law

  • Sections 14–44, Bharatiya Nyaya Sanhita, 2023 (old ss.76–106 IPC)
  • Section 108, Bharatiya Sakshya Adhiniyam, 2023 (burden on accused; old s.105 Evidence Act)

See also

private defence · insanity · intoxication · doli incapax

Read more in the study notes

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