Chapter 4 - General Exceptions Flashcards
Section 76
Act done by a person bound, or by mistake of fact believing himself bound by law
Nothing is an offence which is done by a person who is, 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, bound by law to do it
Section 77
Act of judge when acting judicially
Nothing is an offence which is done by a judge when acting judicially in the exercise of any power which is, or which in good faith he believe s to be, given to him by law
Section 78
Act done pursuant to the judgment or order of a court of justice
Nothing which is done in pursuance of, or which is warranted by, the judgment or order of a court of justice. If done while the judgment or order remains in force, is an offence, notwithstanding the court may have had no jurisdiction to pass the judgment or order, provided the person doing the act in good faith believes that the court had such jurisdiction
Section 79
Act done by a person justified, or by mistake of fact believing himself justified by law
Nothing is an offence which is done by an 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
Section 80
Accident in the doing of a lawful act
Nothing is an offence which 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
Section 81
Act likely to cause harm but done without a criminal intent, and to prevent other harm
Nothing is an offence merely by reason of its being done with the knowledge it is likely to cause harm, if it be done without any criminal intention to cause harm and in good faith for the purpose of preventing or avoiding other harm to person or property
Section 82
Act of a child under 7 years of age
Nothing is an offence which is done by a child under 7 years of age
Section 83
Act of a child above 7 and under 12 years of age, who has not sufficient maturity of understanding
Nothing is an offence which is done by a child above 7 years of age and under 12, who has not attained sufficient maturity of understanding to judge of the nature and consequence of his conduct on that occasion
Section 84
Act of a person of unsound mind
Nothing is an offence which 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
Section 85
Intoxication when a defence
Intoxication shall be a defence to any criminal charge if by reason thereof the person charged at the time of the act or omission complained of did not know that such act or omission was wrong or did not know what he was doing
Section 86
Effect of defence of intoxication when established
Intoxication shall be taken into account for the purpose of determining whether the person charged had formed any intention, specific or otherwise, in the absence of which he would not be guilty of the offence
Section 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 offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person above 18 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
Section 88
Act not intended to cause death done by consent in good faith for the benefit of a person
Nothing, which is not intended to cause death, is an offence 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 take the risk of that harm
Section 89
Act done in good faith for the benefit of a child or person of unsound mind, by or by consent of guardian
Nothing, which is done in good faith for the benefit of a person under 12 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 offence 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
Section 90
Consent given under fear or misconception, by person of unsound mind, etc., and by child
Consent is not such a consent
Section 91
Acts which are offences independently of harm caused to the person consenting, are not within the exceptions in sections 87, 88 and 89
Section 92
Act done in good faith for the benefit of a person without consent
Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person’s consent
Section 93
Communication made in good faith
No communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person
Section 94
Act to which a person is compelled by threats
Nothing is an offence which is done by a person 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 or any other person will otherwise be the consequence
Section 95
Act causing slight harm
Nothing is an offence by reason that it causes or that is intended to cause or that 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
Section 96
Nothing done in private defence is an offence
Nothing is an offence which is done in the exercise of the right of private defence
Section 97
Right of private defence of the body and of property
Every person has a right to defend
Section 99
Acts against which there is no right of private defence
Cannot inflict more harm than it is necessary
Section 100
When the right of private defence of the body extends to causing death
Against an assault that leads to:
(a) death
(b) grievous hurt
(c) rape
(d) non-consensual penile penetration of the anus
(e) kidnapping or abducting
(f) wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release
Section 101
When such right extends to causing any harm other than death
For offences other than those listed in Section 100, subject to restrictions mentioned in Section 99
Section 102
Commencement and continuance of the right of private defence of the body
As soon as a reasonable apprehension of danger to the body arises
Section 103
When the right of private defence of property extends to causing death
Offence:
(a) robbery
(b) house-breaking by night
(c) mischief by fire committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or as a place for the custody of property
(d) theft, mischief or house-trespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised
Section 104
When such right extends to causing any harm other than death
For offences other than those listed in Section 103, subject to restrictions mentioned in Section 99
Section 105
Commencement and continuance of the right of private defence of property
(1) When a reasonable apprehension of danger to the property commences
(2) Theft: Till offender retreat; assistance of the public authorities obtained; property recovered
(3) Robbery: Fear of instant death, hurt or personal restrain
(4) Criminal trespass or mischief: Continues in the commission of criminal trespass or mischief
(5) House-breaking by night: House-trespass continues
Section 106
Right of private defence against a deadly assault when there is risk of harm to an innocent person
Against an assault which reasonably causes the apprehension of death
