General Exceptions Under Bharatiya Nyaya Sanhita: A Comparative Analysis with Indian Penal Code

The basic concept behind inserting the chapter termed as “General Exceptions,” is to provide de jure defenses against criminal liability in a given situation. So, primarily, understanding of the concept of general exceptions and their scope and limitations are very important.

So, in this article, we will understand the meaning, scope, and limitations of general exceptions and then we will also analyze the differences between the general exceptions described in the Indian Penal Code and the Bharatiya Nyaya Sanhita.

Meaning of General Exceptions

The “General Exceptions,” especially in reference to Indian criminal law, is defence mechanism that offender can take benefit of it but in a given situation. So, in this context using the term ‘offender’ is not correct but rather it should be victim who, while protecting oneself, his/her property, or other’s life or property, hurt someone (typically the attacker) or even (but in extreme situation) kill the attacker, which normally not allowed per se.

Usually, hurting someone, confining someone (especially against his/her will), or killing someone, is a criminal offence per se and one who commits such crime must be punished. But in certain situations when there is threat of life or property by (especially) intruder/s or trespasser/s, in that condition, the ‘Law’ permits to attack, hurt, or even kill such intruder/s or trespasser/s to protect oneself (life), own property, or other’s life or property; and, this provision is categorically defined under the chapter termed as ‘General Exceptions’ given under the Indian Penal Code, 1860 and now in Bharatiya Nyaya Sanhita, 2023.

General Exceptions Under Indian Penal Code, 1860

Chapter IV that spread over the Sections 76 to 106 of Indian Penal Code defines different provisions of general exceptions. Chapter IV is termed as “General Exceptions” and it contains total 31 Sections that further can be categorized as −

• Mistake of Fact

• Accident

• Private Defense

• Insanity

• Intoxication

• Consent

• Communication Made in Good Faith

General Exceptions Under Bharatiya Nyaya Sanhita

Chapter III that spread over the Sections 14 to 44 of Bharatiya Nyaya Sanhita, 2023, is revised version of General Exceptions that enshrined in the Indian Penal Code. The Chapter III termed as “General Exceptions,” retains most of the provisions of IPC; however, there are some amendments in terms of language, presentation, and update.

A Comparative Analysis of “General Exceptions” Defined Under IPC and BNS

The given table provides a comparative study of ‘General exceptions’ given under IPC and BNS −

Provision	Bharatiya Nyaya Sanhita	Indian Penal Code
Act done by a person bound, or by mistake of fact believing himself bound, by law	Sec. 14 − 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 76 − No Change
Act of Judge when acting judicially	Sec. 15 − 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 believes to be, given to him by law.	Section 77 − No change
Act done pursuant to the judgment or order of Court	Sec. 16 − Nothing which is done in pursuance of, or which is warranted by the judgment or order of, a Court; if done whilst such judgment or order remains in force, is an offence, notwithstanding the Court may have had no jurisdiction to pass such judgment or order, provided the person doing the act in good faith believes that the Court had such jurisdiction.	Section 78 − No change
Act done by a person justified, or by mistake of fact believing himself justified, by law	Sec. 17 − Nothing is an offence which is done by any 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 79 − No change
Accident in doing a lawful act	Sec. 18 − 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 80 − No change
Act likely to cause harm, but done without criminal intent, and to prevent other harm	Sec. 19 − Nothing is an offence merely by reason of its being done with the knowledge that 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 81 − No change
Act of a child under seven years of age	Sec. 20 − Nothing is an offence which is done by a child under seven years of age.	Section 82 − No change
Act of a child above seven and under twelve of immature understanding	Sec. 21 − Nothing is an offence which is done by a child above seven years of age and under twelve years of age, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.	Section 83 − No change
Act of a person of unsound mind	Sec. 22 − 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 84 − No change
Act of a person incapable of judgment by reason of intoxication caused against his will	Sec. 23 − Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law; provided that the thing which intoxicated him was administered to him without his knowledge or against his will.	Section 85 − No change
Act not intended and not known to be likely to cause death or grievous hurt, done by consent.	Sec. 25 − 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 eighteen 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 87 − No change
Act not intended to cause death, done by consent in good faith for person's benefit	Sec. 26 − 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 88 − No change
Act done in good faith for benefit of child or insane person, by or by consent of guardian	Sec. 27 − Nothing which is done in good faith for the benefit of a person under twelve years of age, or person 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: Provided that this exception shall not extend to–– the intentional causing of death, or to the attempting to cause death; the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity; the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of any grievous disease or infirmity; the abetment of any offence, to the committing of which offence it would not extend.	Section 89 − No change
Consent known to be given under fear or misconception	Sec. 28 − A consent is not such a consent as is intended by any section of this Sanhita, – if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception; or if the consent is given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age	Section 90 − No change
Exclusion of acts which are offences independently of harm cause	Sec. 29 − The exceptions in sections 25, 26 and 27 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given.	Section 91 − No change
Act done in good faith for benefit of a person without consent	Sec. 30 − 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, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit: Provided that this exception shall not extend to–– the intentional causing of death, or the attempting to cause death; the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity; the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt; the abetment of any offence, to the committing of which offence it would not extend.	Section 92 − No change
Communication made in good faith	Sec. 31 − 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 93 − No change
Act to which a person is compelled by threats	Sec. 32 − Except murder, and offences against the State punishable with death, 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 will otherwise be the consequence: Provided that the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint.	Section 94 − No change
Act causing slight harm	Sec. 33 − Nothing is an offence by reason that it causes, or that it is intended to cause, or that it 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 95 − No change
Things done in private defence.	Sec. 34 − Nothing is an offence which is done in the exercise of the right of private defence.	Section 96 − No change
Right of private defence of body and of property	Sec. 35 − Every person has a right, subject to the restrictions contained in section 37, to defend— his own body, and the body of any other person, against any offence affecting the human body; the property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.	Section 97 − No change
Right of private defence against the act of a person of unsound mind, etc.	Sec. 36 − When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.	Section 98 − No change
Acts against which there is no right of private defence	Sec. 37 − There is no right of private defence, against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act, may not be strictly justifiable by law; against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law; in cases in which there is time to have recourse to the protection of the public authorities The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence	Section 99 − No change
When the right of private defence of the body extends to causing death	Sec. 38 − The right of private defence of the body extends, under the restrictions specified in section 37, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely: such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault; such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault; an assault with the intention of committing rape; an assault with the intention of gratifying unnatural lust; an assault with the intention of kidnapping or abducting; an assault with the intention of 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; an act of throwing or administering acid or an attempt to throw or administer acid which may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such act	Section 100 − No change
When such right extends to causing any harm other than death	Sec. 39 − If the offence be not of any of the descriptions specified in section 38, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions specified in section 37, to the voluntary causing to the assailant of any harm other than death.	Section 101 − No change
Commencement and continuance of the right of private defence of body	Sec. 40 − The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence though the offence may not have been committed; and it continues as long as such apprehension of danger to the body continues.	Section 102 − No change
When the right of private defence of property extends to causing death	Sec. 41 − The right of private defence of property extends, under the restrictions specified in section 37, to the voluntary causing of death or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter enumerated, namely: — robbery; house-breaking after sunset and before sunrise; mischief by fire or any explosive substance 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; 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 103 − The right of private defence of property extends, under the restrictions mentioned in section 99, to the voluntary causing of death or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter enumerated, namely: — First.—Robbery; Secondly—House-breaking by night; Thirdly—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; Fourthly—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.
When such right extends to causing any harm other than death	Sec. 42 − If the offence, the committing of which, or the attempting to commit which occasions the exercise of the right of private defence, be theft, mischief, or criminal trespass, not of any of the descriptions specified in section 41, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions specified in section 37, to the voluntary causing to the wrong-doer of any harm other than death.	Section 104 − No change
Commencement and continuance of the right of private defence of property	Sec. 43 − The right of private defence of property, –– commences when a reasonable apprehension of danger to the property commences; against theft continues till the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the property has been recovered; against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or of instant personal restraint continues; against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief; against house-breaking after sunset and before sunrise continues as long as the house-trespass which has been begun by such house-breaking continues	Section 105 − No change
Right of private defence against deadly assault when there is risk of harm to innocent person	Sec. 44 − If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk.	Section 106 − No change

Conclusion

As per the comparative studies discussed above, there are two points − primarily, the chapter of “General Exceptions” is essential to the principles of criminal law, as it substantially considers the points like mistake, self-defense, mental incapacity, etc. that mitigate or negate criminal liability in specific situations. Secondly, each section of this chapter has its own set of conditions and limitations that protect it from misuse by anyone.

Likewise, this is one of the chapters in Bharatiya Nyaya Sanhita that has minimum changes in comparison to the Indian Penal Code.

FAQs

1. What distinguishes the chapter titled "General Exceptions" in Bharatiya Nyaya Sanhita from the corresponding chapter in the Indian Penal Code?

Though the Bharatiya Nyaya Sanhita is thoroughly revised form of Indian Penal Code but it still retains most of the provisions as it is. In reference to chapter “General Exceptions,” there is no substantial amendment. However, following are the visible differences that can be enumerated −

• In Bharatiya Nyaya Sanhita, the chapter “General Exceptions” given under chapter III; whereas, in Indian Penal Code, it is given under chapter IV.

• The sections that describe different provisions of “General Exceptions” start from 76 and end at 106; whereas, in Bharatiya Nyaya Sanhita, sections start from 14 and end at 44.

• Thirdly, under section 103 of IPC, the term used “house breaking by night;” whereas under section 41 of BNS, it is amended and the new term is given as “house-breaking after sunset and before sunrise.”

2. What makes the inclusion of the chapter on "General Exceptions" significant in the criminal law of India?

The chapter on "General Exceptions" given in the criminal law of India is very important, as it outlines situations and circumstances where certain acts, which would otherwise be considered offenses, are exempted from legal consequences. These exceptions provide a legal framework to justify or excuse specific actions. The chapter substantially considers the factors such as self-defense, consent, insanity, and other such mitigating circumstances. Moreover, by delineating these exceptions, the legal system aims to ensure a fair and nuanced application of criminal laws, taking into consideration the complexities of human behavior and intent.