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EXCEPTIONS
What are General Exceptions in Pakistan Penal Code 1860
1- Introduction
The act of excepting or excluding from a description that which is expected or separated from others in a general rule or description. Exception can also be called as " defence available in criminal trial ". Burden of proof to prove an exception is always on defence counsel u/a 121 of QSO.
2- Relevant Law
Section 76 to 106 of PPC
3- General Exceptions under Pakistan Penal Code 1860
Following are the General Exceptions in PPC,
I- Act done under order of Superior Authority
Nothing is an offence done by any person,
II- Act of Judge acting Judicially
An Act done by a judge is not an offence if said act was done,
》While acting judicially
》In exercise of power
》Power giving by law having believe.
III- Act done in Pursuance of Court Order
Where an act is done by officer in order to comply with court order or judgement the said act is not an offence if
》Said order or judgement was without Jurisdiction
》Officer acted in goof faith.
IV- Act Bona-fide Justified by Law
Nothing is an offence Which is done by any person who is justified by law to do so, subject to condition that he acted in good faith.
V- Accident in Doing lawful Act
Nothing is an offence Which is done,
》By accident or misfortune
》Without Criminal intention
》Knowledge in doing of lawful act In lawful manner by lawful means and with proper care and caution.
VI- Bona-fide Act Done under Necessity
Nothing is an offence if it is done without any criminal intention to cause harm and done in good faith for the purpose of prevent or avoiding other harm to person or property.
Formula= i i i i i (five i)
Infanity,
Immaturity,
Insanity,
Intoxicating,
Intoxicating without knowledge.
VII- Infanity
Act act by a child under Seven year of Age, Nothing is an offence.
VIII- Immaturity
Nothing is an offence done by child,
》Above Seven year and Below Twelve year
》Immature to understand nature and consequence of his act.
IX- Insanity
Nothing is an offence Which is done by a person who,
》At the time of commission of act
》being unsound mind
》Was incapable to understand nature of act or that he is doing what he is either wrong or contrary to law.
X- Intoxicating
Nothing us an offence Which is done by a person,
》Who at the time of doing that act not know the nature of act
》Intoxicated without his knowledge
XI- Intoxicating without knowledge of intoxicated person (Presumption of having Mens Rea)
In case of voluntary Intoxication it shall be presumed that the person intoxicated has done that act with particular intend or knowledge.
Formula= CCCC (Four C)
Consent,
Communication,
Compulsion,
Causing slight Harm.
XI- Act Done by Consent
Nothing is an offence if,
》Harm was caused without any intention to cause death or grievouse hurt
》Doer caused harm without knowledge that his act is likely to cause death or grievouse hurt
》Harm was caused to person above 18 year
》Harm was cause by Consent of that person whether express or implied.
XII- Act Done with Consent for Person's Benefit
Nothing is an offence Which done by an,
》Act was done without intention to cause death
》Act was done for person's benefit
》Act was done in good faith
》Act was done with consent
●" Volenti Non Fit Injuria "
To which a man consent cannot be considered ab injury
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XIII- Act with Guardian consent for child benefit
Nothing is an offence Which is by an,
》Act was done in good faith
》Act was done for benefit of child
》Act was done with consent og guardian
Exception
Intentional causing death or attempt death or an act done with knowledge that it is likely to cause death for purpose other than
》Preventing of death or grievouse hurt
》Causing of any grievouse hurt or infirmity
》Abetment of any offence
XIV- Consent Not free Consent
Following consent are not free consent
》Consent given under fear of injury
》Consent given under misconception of fact
》Consent given by unsound mind person
》Consent given by intoxicated person
》Consent given under 12 year age person
XV- Consent Constituting Independent Offence
The exception u/s 87, 88, 89 do not extend to Acts which are offences independently of any harm which they may cause.
XVI- Without Consent for Benefit of Person
Act done in good faith for benefit of a person without his consent is no offence
Exception
》Voluntary causing or attempt to cause death
》Act done with knowledge that it is likely to cause death
》Causing any grievouse hurt or infirmity
》Abetment of any offence
XVII- Communication made in good Faith
Communication made in good faith for benefit of person is no offence
XVIII- Compulsion by Threat
An Act done under Compulsion is not an offence if Following conditions are fulfilled,
》Act done under Compulsion do not amount to murder or offence against state Punishable with death
》Compulsion is of such a nature that it causes apprehension of instant death
》Person doing the Act has not himself put under apprehension of death.
XIX- Causing slight Harm
Nothing is an offence Which is done with or without intention or knowledge that the Act is likely to cause a harm if that harm is so slight.
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