General Exceptions under IPC (Section 81 to Section 95)
Absence of Criminal IntentCriminal intention means the purpose of doing an act forbidden by criminal law without just cause or excuse. So, there are certain acts which appear to be criminal, but are done without any criminal intent. It is fair that such acts should not be penalized. And therefore they are rightly exempted from the category of ‘Offences’. Criminal intent considered under seven act which are Section 81- section 86 and 92- 94.A.Act done to avoid other harm(Section 81) Section 81 states that any act done with the knowledge that it is likely to cause harm, but done in a good faith and without any criminal intent to prevent or avoid other harm to person or property, is not an offence. It is to be remembered that section 81 will afford protection, only where harm is caused without any criminal intention.B.Act of Child (Section 82 and 83)In criminal law children are protected under certain circumstances for acts committed by them.An act of a child-i. Under seven years is no offence (section 82)ii. Above seven year and under twelve year, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct, is also no offence (section 83)In one case Ulla Mahapatra,(1950) Cutt.208- in this case the accused, a boy, 11 years old, picked up a knife and threatened to cut the deceased to pieces, and did actually kill him. Here the maxim militia suppletoetatem applied, and that his action could lead only one inference, namely that he did what he intended to do, and that he knew that act was done with intention.The maxim Malitiasuppletoetatem means that a child under 12 and above 7 has attained sufficient maturity of understanding to judge the nature of his conduct and he will be liable.C.Act of an insane person (section 84)Section 84 says that the liability of an insane person for acts or offences committed by him. It provides that nothing is an offence which is done by a person, who is of unsound in nature, is incapable of knowing the nature of the act, or that he is doing what is wrong or opposite to law.· Test of insanity of law- every mentally diseased person exempted from criminal responsibility, such exemption is allowed only where the insane person incapable of knowing the nature of the act or that what he is doing is either wrong or opposite of law.· Insanity caused by drunkenness- Excessive consumption of alcohol impairs a person’s judgment and his ability to control his emotion and mind. In one case the mother of a child was an alcoholic who normally consumed wine, but before strangling her child, she had consumed almost one full bottle of vodka and pleaded that she knew nothing of what had happened.· Insane delusion- a person who, under an insane delusioncommits an offence as to existing facts, depend upon the nature of the delusion.· Delirium tremens- delirium tremens is a kind of madness brought about by habitual excessive liquor and it also occurs in case of illness.D.Act of an intoxicated person (Section 85-86)· Section 85 states that nothing is an offence which is done by a person who, owing to intoxication, is incapable of knowing the nature of the act, or that what he is doing is against the law, provided that the thing which intoxicated him was administered to him without this knowledge or against his will. Voluntary intoxication is no excuse for the crime. But if he gets intoxicated through fraud and thereby becomes incapable of understanding the nature and quality of the act, he must be excused. Lunacy is disease and is to be pitied; drunkenness is a vice and is therefore to be sentenced.· Section 86 says that the presumption for certain crimes committed by intoxicated persons. Therefore the act done with the intention or knowledge , and such an act is committed by an intoxicated person, he will be presumed to have possessed the knowledge requisite for the offence, unless otherwise he can show that he was intoxicated without knowledge or against his will.E.Bona fide act done for another’s benefit (Section 92)An act committed without criminal intention is described in section 92.Nothing is a crime which isdone by reason of any harm and may cause to the person for whose benefit it is done in a good faith and even without that person’s consent:i. If the conditions are such that it is impossible for that person to signify consentii. If person is incapable of giving consent and has no guardian from whom consent can be obtained in time.F.Communication made in good faith (Section 93)Any communication made in good faith to a person is not an offence, even though such communication may cause harm to the person to whom it is made if it is for such person’s benefit.Communication must be –I. Made in good faithII. For the benefit of the person.G.Act done under compulsion or threat (Section 94)Section 94 states that murder and offences against the state punishable with death, nothing is an offence, which is done by a person compelled to do by threats which at the time reasonably cause the concern that instant death to that person will otherwise be the consequence. Crimes committed under compulsion or threat will be excused only if the threat is to cause instant death, and not future death. Crime of attempt to commit murder would be excused if committed under threat of instant death.