General Exceptions General Exceptions are spread throughout Sections 76 to 106 of the Code. The exceptions as provided are as follows with the relevant.

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Presentation transcript:

General Exceptions General Exceptions are spread throughout Sections 76 to 106 of the Code. The exceptions as provided are as follows with the relevant sections in brackets: Mistake [76, 79] Judicial acts[77,78] Accident[80] Necessity[81] Infancy[82,83] Insanity[84] Drunkenness[85,86] Consent[87 to 93] Compulsion[94] Trifles[95] Private Defence[96 to 106]

GENERAL EXCEPTIONS Sec-76. Act done by a person bound , or by mistake of fact believing himself bound, by law.- Nothing is an offence which is dine 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. Illustrations (a) A, a soldier, fires on a mob by the order of the order of his superior officer, in conformity with the commands of the law. A has committed no offence. (b ) A , an officer of a Court of justice, being ordered by that Court to arrest Y, and , after due enquiry, believes to be, given to him by law . Private persons who are bound to assist the police U/S 42 0f Criminal procedure Code are protected under this section.

GENERAL EXCEPTIONS Sec-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 believes to be, given to him by law. Under this section a Judge is exempted in cases in which he proceeds irregularly in the exercise of a power, in cases where he, in good faith, exceeds his jurisdiction and has no lawful powers.

GENERAL EXCEPTIONS Sec-78. Act done by a pursuant to the judgment or order of Court.- Nothing which is dine in pursuance of , or which is warranted by the judgment or order of, a Court of justice; if dine 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. Mistake of law can be pleaded as a defence under his section.

GENERAL EXCEPTIONS 79. Act done by a person justified, or by mistake of fact believing himself justified, by law.- Nothing is an offence which is dine 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 good faith, be lives himself to be justified by law, in doing it. Illustration A see Z commit what appears to A to be a murder. A ,in the exercise, to the best of his judgment exerted in good faith, of the power which the law gives to all persons of apprehending murderers in the fact, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in self defense.  The distinction between S 76 and S 79 is that in the former a person is bound and in the latter to be justified by law. The distinction is between a real or a supposed legal obligation and a real or supposed legal justification, in doing a particular act.