Syllabus Revision Program by Islami Jamiat Talba,

For Batch 19-24,

Punjab University Law College.

Subject: Criminal Law (LL.B Part III)

GENERAL EXCEPTIONS

Preamble:

It is a fundamental rule of law that it should be implemented on every citizen within a state
without any prejudice of caste, creed, race and religion. However, under certain circumstances
and keeping in view the physical or psychological state of criminal collateral to mens rea, it is a
fundamental principle of law to grant general exceptions to some persons in some offences
accordingly.

Relevant provisions:

Section 76 to Section 95

Statuary Defences:

In Pakistan Penal Code, following are the statutory defences,

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 1. Infancy/Minority
2. Intoxication
3. Insanity
4. Mistake of fact
5. Necessity and Compulsion
6. Accident
7. Consent
8. Person and property

Defence of Infancy/Minority

According to PPC

Acts of a child under ten years of age doesn't fall under the definition of offence (U/S 82)

Acts of a child above ten and under fourteen of immature understanding also doesn't fall under
the ambit of offence (U/S 83)

• A child below seven years of age cannot distinguish between right and wrong

The rule all over the world is that is child below seven years of age is absolutely "doli incapax"
that is to say incapable of committing any offence since he cannot distinguish between right and
wrong.

• Burden of proof

The burden of proving the defence of infancy is on the accused person. He should show that he
had not attained sufficient maturity.

Defence of Insanity

• Cross Reference
Section 464 to 475 of CrPC (1898)

In PPC,

Act of a person of unsound mind (U/S 84)

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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.

• Insanity is a complete defence

Insanity is a complete defence to a criminal charge since a person is not in a position to

understand the nature of his act and distinguish between right and wrong because of unsoundness
of his mind.

• Essential of the defence

1. Insanity should be at the time of doing the act.
2. The accused must be suffering from defect of reason which was caused by
unsoundness of mind.
3. The accused did not know the nature of the act due to insanity.

Defence of Intoxication

Statutory Provisions

Acts of a person who is incapable of judgement by reason of intoxication caused against his wil
does not fall under the ambit of offence (U/S 85)

Offence requiring a particular intend or knowledge committed by one who is intoxicated is not
an offence (U/S 86)

• Voluntary Intoxication is no excuse

A person who gets into the state of intoxication voluntarily is presumed to have the same
knowledge as he would have had if he had not be intoxicated even though the state of
intoxication is such as to make him incapable of knowing the nature of the act or that he is doing
what is either wrong or contrary to law.

• Case Law

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 Manzur Hussain Shah Vs Crown, 1954

In this case it was held that the drunkenness of the accused was no defence because he had not
been given "bhang" against his will or without his knowledge. He was not even so intoxicated as
not to understand the nature of his act.

• Involuntary Intoxication is a good defence

Involuntary Intoxication is a good defence but whether the intoxication done was voluntary or
involuntary, it is a question of fact.

Defence of Mistake of Fact

Statutory Provisions

Act done by a person bound, or by mistake of fact believing himself bound, by law is not an
offence (U/S 76)

Nothing is an offence which is done by a judge when acting judicially (U/S 77)

Nothing is an offence which is done in pursuance of, or which is warranted by the judgement or
order of, a Court of Justice (U/S 78)

Act done by a person justified, or by mistake of fact believing himself justified by laws is not an
offence (U/S 79)

• Essential of the defence

1. Accused should have acted in good faith
2. There should be no "Mens Rea"
3. There can be mistake of facts but not of law
4. Mistake must be honest and reasonable.

Defence of Necessity and Compulsion

Acts likely to cause harm but done without criminal intend and to prevent other harm of greater
magnitude are not considered offences (U/S 81)

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 • Question of Fact

It is a question of fact in each case whether the harm to be avoided was of such a nature as to
justify the doing of the act with the knowledge that the act would cause harm, the element of
good faith being necessary in each cases.

Section- 94

Nothing is an offence which is done by a person compelled to do that act by threats except;

• Murder
• Offences against State

• Reasonable fear of instant death

The only exception that justifies a person to participate in the crime is a reasonable fear of instant
death. A mere threat or a fear of future death will not be sufficient to apply Sec- 94. It is a
question of fact whether fear of instant death existed.

Defence of Consent

Statutory Provisions

Section- 87

Act is not an offence if done by consent and is not intended and not known to be likely to cause;

• To cause death
• Or grievous hurt

• Not in the knowledge of the doer to be likely cause death or hurt

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Act not intended to cause death and is done by consent in good faith for person's profit is not an
offence (U/S 88)

Act done in good faith for benefit of a child or of insane person by his own or by consent of his
guardian if in any case case harm then it does not fall under the definition of offence (U/S 89)

Section- 90

Consent is not considered consent if;

• Given by a person under fear or misconception

• Consent of insane person
• Consent f child under 12 years of age.

Section- 91

Exceptions enumerated under Sec 87, 88 and 89 do not extend to acts which are offences
independently even if not caused any harm.

• Offence of miscarriage

The consent cannot be given under this Sec for committing any offence such as miscarriage

Act done in good faith for benefit of a person without consent is not an offence ( U/S 92)

Defence of Accident

According to Section -80

Acts done by accident, by misfortune and without criminal intention or knowledge doesn't
constitute an offence

• Essential of the defence

1. There should be complete absence of criminal intention
• Accident
"An accident is something which happens outside the ordinary course of events."
It is an event which a reasonable man in shoes of the accused would not have foreseen as
likely to probable. The objective test is to be applied.

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Defence of Person and Property

Statutory Provisions

Section 96 to 106 of PPC

Conclusion

General exceptions are very important to safeguard fundamental rule of law in the mechanism of
imposition of punishment and in determination of the frequency of such a punishment and to
provide security to such citizens which fall in the ambit of such exceptions.

References and further reading:

• https://www.pakistani.org/pakistan/legislation/1860/actXLVof1860.html#:~:text=CHAP
TER%20IV-,GENERAL%20EXCEPTIONS,by%20law%20to%20do%20it.
• http://thelawstudy.blogspot.com/2014/08/general-exceptions-in-pakistan-penal.html
• Commentary of PPC by Sajjad Anwar Khan

Prepared by: Ali Raza Roomi

Team Head: Numan Younas

Project by Islami Jamiat Talaba, Punjab University Law College

BEST OF LUCK … !!

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