General explanation

4. Forfeiture

Forfeiture of property is not very common in IPC. Section 61 which specified sentence of forfeiture of property has been repealed by Indian Penal Code (Amendment) Act, 1921. In the present IPC three sections viz 126, 127 and 129 describes forfeiture of property.

5. Fine

IPC prescribes fine as a penalty both independent and along with other penalties. The amount of fine varies with offences. Section 63 says that where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive. Sentence for non-payment of fine is also dealt with in IPC [Sec.64].

Chapter IV General Exceptions

1. Mistake of facts (sec. 76,79) 2. Judicial acts (sec. 77,78) 3. Accident (sec. 80) 4. Necessity (sec.81) 5. Infancy (sec. 82,83) 6. Insanity (sec. 84) 7. Intoxication (sec.85,86) 8. Consent (sec.87 to 90) 9. Good faith (sec.92,93) 10. Compulsions (sec. 94) 11. Trifles ( minor crimes)( sec.95) 12. Private defence (sec. 96 to 106)

1.

•

Mistake of facts (sec. 76,79)

Act done by a person bound or believing himself bound by law (76)

Essentials are- Act must be done in good faith, Act done by mistake of fact not by

mistake of law

Act done by a person justified or believing himself justified by law (79)

Essentials are- Act must be done in good faith, Act done by mistake of fact not by

mistake of law, act done by a person who is justified by law or believes to be justified

by law

2.

•

Judicial acts (sec. 77,78)

Act of judge when acting judicially (77)

Essentials are- Act must be done in good faith, Act done by a judge,

Act done in pursuant to the judgement or order of the court