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General exceptions
intention, which no person of ordinary sense and temper would complain is not an offence.
Intended to prevent penalization of offences trivial in nature –this harm has not been defined in
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the code. SC held that it would depend upon nature of injuries, position of parties, knowledge
& intention while the offense is done and other circumstances.
7.Insanity (Sec. 84)
Sec. 84 –Immunity to person of unsound mind. Cannot have the necessary mens rea to commit the crime
Mc’Naughten’s Case:Questions –What are proper questions to be submitted to jury when an insane person, ischarged with commission of crime and insanity is set up as defense; Terms of jury w.r.t. theprisoner’s state of mind at the time when the act was committed.Answer –Insanity: At the time of doing the act; incapable of knowing the nature of act.Sec. 84 uses a more comprehensive term ‘unsoundness of mind’ instead of insanity
8.Intoxication (Sec. 85, 86)
Sec. 85 –Intoxication caused against will –and act done by such intoxicated person incapable of knowing the nature of act.Sec. 86 –Intended act by intoxicated person –intoxication by will –intending to do act (a) and does (b) –would be liable for (b) as if it was the intent –if there was intoxication by will& accused must have some knowledge as if in sober state of mind.
9. Private Defense (Sec. 96 - 106)
When act exceeds the degree of defence required, act is no more immune by private defence.
No right of Private Defense when you have time to call the authorities –Subjective to case.
S.96: Nothing is an offense done in Private Defense.
S.97: To defend –human own body/property, others body/property, any offense against
body, any act u/d theft, robbery, mischief, criminal trespass or attempt to commit any.
S.98: Immunity to person with unsound mind. E.g. A; unsound; attempts to kill B; A not
liable; B has all rights of self-defense.
S.99: Act done by/Under direction of Public Officer –Right to private defense arises –if the
act causes apprehension of death/grievous hurt to the rights of people. If no such
