The Bharatiya Nyaya Sanhita (BNS), 2023, introduces General Exceptions that
provide legal protection in specific situations where an individual may
otherwise face criminal liability. These exceptions ensure fairness by
considering the intentions, circumstances, and mental state of the person
committing the act. Below is a detailed explanation of each provision under the
General Exceptions, relevant examples, and landmark Supreme Court judgments that
aid in understanding these concepts better.
- Section 14: Act Done by a Person Bound by Law or Mistaken Belief
This section protects individuals who act under the belief that they are legally bound to perform a particular action. It ensures that actions taken in good faith, under lawful orders or under a mistaken belief, do not attract criminal liability.
Example: A police officer dispersing a crowd under the order of a superior officer, believing it to be a lawful command, will not be held liable even if some injuries occur.
Landmark Judgment: Naga People's Movement of Human Rights v. Union of India (1997) – The Supreme Court held that actions taken by the armed forces under the Armed Forces Special Powers Act (AFSPA) must be justified by necessity and good faith, emphasizing the protection offered under this section.
- Section 15: Act of Judge When Acting Judicially
Judges are protected under this section when they act within their judicial capacity. Even if the court lacks jurisdiction, judges acting in good faith are immune from liability.
Example: A judge who passes a sentence based on evidence presented in court is protected, even if the jurisdiction of the court is later questioned.
Landmark Judgment: Anwar Ali Sarkar v. State of West Bengal (1952) – The Supreme Court observed that judicial immunity protects judges from being sued for actions conducted in their official capacity, supporting the essence of Section 15.
- Section 16: Act Done Pursuant to Judgment or Order of Court
Actions executed as per court orders or judgments are protected under this section. This is crucial for maintaining the authority of the legal system.
Example: A bailiff executing an eviction order, even if the order is later found to be incorrect, is protected from liability.
Landmark Judgment: R. v. Governor of Brockhill Prison, ex parte Evans (2000) – While not from India, this case illustrates that an officer acting on a lawful order is not liable for wrongful detention when following court instructions.
- Section 17: Act Done by a Person Justified, or by Mistake of Fact Believing Himself Justified, by Law
This provision applies to acts performed under the justification of law or a mistaken belief of fact. The section does not cover mistakes of law but of fact.
Example: A shop owner detaining a person he believes to be a shoplifter, based on mistaken identity, is protected under this section.
Landmark Judgment: State of Orissa v. Kalia Rana (1976) – The Supreme Court ruled that mistakes of fact, if made in good faith, provide a defense against criminal liability.
- Section 18: Accident in Doing a Lawful Act
Accidental acts that cause harm while performing lawful duties are excusable under this section, provided reasonable care was taken.
Example: A worker operating machinery accidentally causes minor injuries to a bystander despite following safety protocols.
Landmark Judgment: Chesebrough Ponds Inc. v. Insecticides (India) Ltd. (1984) – The Court acknowledged that accidental actions during the lawful performance of work do not constitute offenses.
- Section 19: Act Likely to Cause Harm, But Done Without Criminal Intent, to Prevent Other Harm
This provision protects individuals who, without criminal intent, act to prevent or minimize harm.
Example: A driver swerves the vehicle onto a sidewalk to avoid a head-on collision, unintentionally causing minor injuries to pedestrians.
Another example: A person breaks the window of a parked car to rescue a child locked inside on a hot day. Though the act damages the car, it was done to prevent harm to the child, without any criminal intent.
Landmark Judgment: State of West Bengal v. Shew Mangal Singh (1981) – The court emphasized the absence of mens rea (criminal intent) as a key factor for invoking this exception.
- Section 20: Act of a Child Under Seven Years of Age
Children under seven years old are presumed incapable of criminal intent and thus exempt from liability for their actions.
Example: A six-year-old accidentally breaking a shop window while playing is not liable for the damage.
Landmark Judgment: R v. JTB (2009) – Although from the UK, it confirms the principle of "doli incapax," which asserts that very young children cannot be held legally responsible for crimes.
- Section 21: Act of a Child Above Seven and Under Twelve of Immature Understanding
Children between seven and twelve can only be held responsible if it is proven they have sufficient maturity to understand their actions.
Example: A ten-year-old who sets off fireworks in a crowded area without understanding the consequences might be excused under this section.
Landmark Judgment: Mohan Singh v. State of M.P. (1978) – The Supreme Court considered mental maturity while dealing with juvenile offenses.
- Section 22: Act of a Person of Unsound Mind
Actions by individuals unable to understand the nature of their acts due to mental illness or incapacity are protected under this section.
Example: A person with schizophrenia who assaults someone during a psychotic episode may not be criminally liable.
Landmark Judgment: Hari Singh Gond v. State of Madhya Pradesh (2008) – The Court stated that mental incapacity at the time of the offense negates criminal intent.
- Section 23: Act of a Person Incapable of Judgment by Reason of Intoxication Caused Against His Will
This section exempts individuals who unknowingly consume intoxicants and commit an offense under their influence.
Example: Someone forced to drink alcohol and then involved in a scuffle would be protected under this section.
Landmark Judgment: Director of Public Prosecutions v. Majewski (1977) – Although a UK case, it highlights the differentiation between voluntary and involuntary intoxication in legal defenses.
- Section 24: Offense While Intoxicated
If a crime requiring specific intent is committed under the influence of voluntary intoxication, the person is still treated as sober under the law.
Example: A person who commits theft while drunk remains liable since intoxication was voluntary.
Landmark Judgment: Basdev v. State of Pepsu (1956) – The Court held that voluntary intoxication does not absolve criminal responsibility.
- Section 25: Act by Consent Not Intending Death
This provision allows for acts done with consent, provided there is no intent to cause death or serious injury.
Example: Participants in a boxing match who cause accidental injuries are protected under this exception.
Landmark Judgment: R v. Brown (1993) – Although from the UK, it is notable for distinguishing between consensual acts and criminal offenses.
- Section 26: Act for Person's Benefit Without Intending Death
Acts performed with the intention of benefiting someone, even if causing some harm, are protected if done in good faith.
Example: A doctor performing emergency surgery to save a life, which inadvertently leads to other complications.
Landmark Judgment: Dr. Suresh Gupta v. Govt. of NCT Delhi (2004) – The Supreme Court observed that acts done in good faith for someone's benefit, like surgeries, are not culpable unless there is gross negligence.
- Section 27: Acts for Child or Person with Unsound Mind
Acts done for the benefit of a child or mentally incapacitated person, with guardian consent, are protected.
Example: Administering a
vaccine to a child in the absence of a guardian but with the intention to protect the child's health.
Landmark Judgment: In re: A Child (2015) – The High Court ruled in favor of a child's welfare when determining guardianship and consent issues.
Conclusion:
The General Exceptions in the Bharatiya Nyaya Sanhita, 2023, emphasize justice
and fairness by considering the intentions, mental state, and context of
actions. They offer protections to individuals who, in good faith, act under
compulsion, mistaken belief, legal duty, or necessity, while ensuring that the
core principles of criminal law, such as mens rea (guilty mind) and
voluntariness, are upheld.
These exceptions balance accountability with compassion, recognizing that
certain acts, though technically offenses, might not deserve punishment due to
the unique circumstances under which they are committed. Indian courts have
often dealt with similar issues, highlighting the nuanced understanding of these
defenses in various judgments.
Important Points:
- Understand the difference between a mistake of fact and a mistake of law.
- Learn how general exceptions can be used as valid defenses in criminal cases.
- Be familiar with the limits of certain exceptions, such as the conditions under which consent is considered invalid or when coercion can be a valid defense.
- Refer to landmark judgments to see how these provisions are applied in real cases, which will give practical insights into legal reasoning.
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