GENERAL EXPLANATION
SEC. 6 PPC
DEFINITION IN THE CODE TO BE UNDERSTOOD SUBJECT TO EXCEPTIONS:
Throughout this Code, every definition of an offense, every penal provision, and every illustration of every such definition or provision, shall be understood as subject to the exceptions contained in the chapter entitled " General Exception", though those exceptions are not repeated in such definition, penal provision, illustration
EXPLANATION:
In order to remove all ambiguity and maintain brevity clarity, consistency, and uniformity, it has been clearly stated that all definitions or penal provisions in illustration of PPC, shall be subject to General Exceptions.
The sections in the PPC, which contain definitions of offenses, do not express that a child under seven years of age cannot commit such offenses; but the definitions are are to be understood subject to the general exception which provides that nothing shall be an offenses which are done by a child under seven years of age.
ILLUSTRATION:
A, a police officer, without a warrant, apprehends Z who has committed murder. here A is not guilty of the offense of wrongful confinement; for he was bound by law to apprehend Z, and, therefore, the case falls within the general exception which provides that " nothing is an offense which is done by a person who is bound by law to do it"
SECTIONS 72 TO 106 OF PPC CONTAIN ON GENERAL EXCEPTIONS
Sec.72
the act is done by a person bound, or by mistake of fact believing himself bound, by law:
Nothing is an offense which is done by a person who is, or who because of a mistake of fact and not the reason of a mistake of law in good faith believes himself to be, bound by law to do it.
ILLUSTRATIONS:
(a) A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. A has committed no offense.
(b) A, an officer of a Court of Justice, being ordered by that Court to arrest Y and, after due inquiry, believing Z to be Y, arrests Z. A has committed no offense
EXPLANATION:
A mistake of fact can be a defense if the same is in good faith
Sec.77
Act of judge when acting judicially
Nothing is an offense which is done by a judge when acting judicially in exercise of any power which is, or which in good faith he believes to be, given to him by law.
GOOD FAITH:
An objective review of Ss. 76, 79, and 81 PPC would indicate that pre-dominantly the expression "good faith" is a common factor in all these sections and cardinalship attaches to acts done in good faith.
Therefore, exceptions would help the accused if it is made out that the acts were done by him in good faith.
Sec. 78.
ACT DONE PURSUANT TO THE JUDGMENT OR ORDER OF COURT:
Nothing which is done in pursuance of, or which is warranted by the judgment or order of, a Court Justice, if done whilst such judgment or order remains in force, is an offense, notwithstanding the Court may have had no jurisdiction to pass such judgment or order, provided the person doing the act in good faith believes that the Court had such jurisdiction.
Sec. 79
ACT DONE BY A PERSON JUSTIFIED OR BY MISTAKE OF FACT BELIEVING HIMSELF JUSTIFIED, BY LAW:
Nothing is an offense 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.
ILLUSTRATION:
A sees Z commit what appears to A to be a murder. An in the exercise, to the best of his judgment, exerted in good faith of the power which the law gives to all persons apprehending murders in the Act, seizes Z, in order to bring Z before the proper authorities. A has committed no offense, though it may turn out that Z was acting in self-defense.
Sec. 80
ACCIDENT IN DOING A LAWFUL ACT:
Nothing is an offense that is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.
ILLUSTRATION:
A is at work with a hatch; the files off and kills a man who is standing by. Here if there was no want of proper caution on the part of A, his act is executable and not an offense.
Sec. 81
ACT LIKELY TO CAUSE HARM, BUT DONE WITHOUT CRIMINAL INTENT, AND TO PREVENT OTHER HARM:
Nothing is an offense merle by reason of its being done with the knowledge that it is likely to cause harm, if it is done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to a person or property.
Explanation:
It is a question of fact in such a case whether the harm to be prevented or avoided was of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm.
Illustration:
A, in a great fire, pulls down houses in order to prevent the conflagration from spreading. He does this with the intention in good faith of saving human life or property. Here, if it is found that the harm to be prevented was of such a nature and so imminent as to A's act. A is not guilty of the offense.
Sec. 82
ACT OF A CHILD UNDER SEVEN YEARS OF AGE:
Nothing an offense which is done by a child under seven years of age.
Sec. 83
ACT OF A CHILD ABOVE SEVEN AND UNDER TWELVE OF IMMATURE UNDERSTANDING:
Nothing is an offense that is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion.
Sec. 84
ACT OF PERSON OF UNSOUND MIND:
Nothing is an offense that is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.
Sec.85
ACT OF A PERSON INCAPABLE OF JUDGMENT BY REASON OF INTOXICATION CAUSED AGAINST HIS WILL:
Nothing is an offense which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law; provided that the thing which intoxicated him was administered to him without his knowledge or against his will.
Sec.86
OFFENSE REQUIRING A PARTICULAR INTENT OR KNOWLEDGE COMMITTED BY ONE WHO IS INTOXICATED:
In cases where an act done is not an offense unless done with particular knowledge or intent, a person who does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge as he would have had if he had not been intoxicated unless the thing which intoxicated him was administered to him without his knowledge or against his will.
Sec.87
ACT NOT INTENDED AND NOT KNOWN TO BE LIKELY TO CAUSE DEATH OR GRIEVOUS HURT, DONE BY CONSENT:
Nothing which is not intended to cause death, or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, is an offense by reason of any harm which it may cause, or be interested by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm.
Illustration:
A and Z agree to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which in the course of such fencing, may be caused without foul play, and if A, while playing fairly, hurts Z, A commits no offense.
Sec.88
ACT NOT INTENDED TO CAUSE DEATH, DONE BY CONSENT IN GOOD FAITH FOR PERSON'S BENEFIT:
Nothing, which is not intended to cause death, is an offense by reason of any harm which it may cause, or be intended by the doer to cause or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to the risk of that harm.
Illustration:
A, a surgeon, knowing that a particular operation is likely to cause of death of Z, who suffers under the painful complaint, but not intending to cause Z's death, and intending, in good faith Z's benefit, performs that operation on Z with Z's consent. A has committed no offense.
Sec.89
ACT DONE IN GOOD FAITH FOR BENEFIT OF CHILD OR INSANE PERSON, BY OR BY CONSENT OF GUARDIAN:
Nothing, which is done in good faith for the benefit of a person under twelve years of age, or of unsound mind by or by consent either express or implied, of the guardian or other person having lawful charge of that person, is an offense by reason of any harm which it may cause, or be intended by the doer to cause or be known by the doer to be likely to cause to that person.
Provided:
Firstly:
That this exception shall not extend to the intentional causing of death, or to the attempting to cause death;
Secondly:
That this exception shall not extend to the doing of anything which person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt; or the curing of any grievous disease or infirmity;
Thirdly:
That this exception shall not extend to the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt or the curing of any grievous disease or infirmity;
Fourthly:
That this exception shall not extend to the abetment of any offense, to the committing of which offense it would not extend.
Illustration:
A, in good faith, for his child's benefit without his child's consent, has his child cut for the stone by a surgeon, knowing it to be likely that the operation will cause the child's death, but not intending to cause the child's death. A is within the exception, inasmuch as his object was the cure of the child.
Sec.90
CONSENT KNOWN TO BE GIVEN UNDER FEAR OR MISCONCEPTION:
Consent is not such consent as is intended by any action of this code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception; or
CONSENT OF INSANE PERSON:
If the consent is given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or
CONSENT OF CHILD:
Unless the contrary appears from the context if the consent is given by a person who is under twelve years of age.
Sec.91
EXCLUSION OF ACT WHICH ARE OFFENSES INDEPENDENTLY OF HARM CAUSED:
The exception in Sections 87,88, and 89 do not extend to acts which are offenses independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent or on whose behalf the consent is given.
Sec.92
ACT DONE IN GOOD FAITH FOR THE BENEFIT OF A PERSON WITHOUT CONSENT:
Nothing is an offense by reason of any harm which it may cause to a person by whose benefit it is done in good faith, even without that person's consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit.
Firstly:
That this exception shall not extend to the intentional causing of death, or the attempting to cause death;
Secondly:
That this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous disease or infirmity;
Thirdly:
That this exception shall not extend to the voluntary causing of hurt, or the attempting to cause hurt, for any purpose other than the preventing of death or hurt;
Fourthly:
That this exception shall not extend to the abetment of any offense, to the committing of which offense it would not extend.
Sec.93
COMMUNICATION MADE IN GOOD FAITH:
No communication made in good faith is an offense by reason of any harm to the person to whom it is made if it is made for the benefit of that person.
Illustration:
A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live, The patient dies as a consequence of the shock. A has committed no offense, though he knew it to be likely that the communication might cause the patient's death.
Sec. 94
ACT TO WHICH A PERSON IS COMPELLED BY THREATS:
Except murder and offenses against the State punishable with death, nothing is an offense which is done by reason who is compelled to do it by threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence: Provided the person doing the act did of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint.
Explanation 1:
A person who, of his own accord, or by reason of a threat of being beaten, joins a gang of dacoits, knowing their character, is not entitled to benefit from this exception on the ground of his having been compelled by his associates to be anything that is an offense by law.
Explanation 2:
A person seized by a gang of Dacoits, and forced by threat of instant death, to do a thing which is an offense by law; for example, a smith compelled to take his tools and to force the door of a house for the Dacoits to enter and plunder it is entitled to the benefit of this exception.
Sec. 95
ACT CAUSING SLIGHT HARM:
Nothing is an offense by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm, is so slight that no person of ordinary sense and temper would complain of such harm.