CHAPTER III GENERAL EXCEPTIONS

The Bharatiya Nyaya Sanhita (BNS) 2023 brings a fresh perspective to Indian criminal law, especially with its detailed treatment of general exceptions in Chapter III. These exceptions clarify when an act, despite appearing unlawful, may not attract criminal liability. Understanding these exceptions is crucial for legal professionals, students, and anyone interested in the nuances of Indian law. This post breaks down the key general exceptions under BNS 2023 Chapter III of this code focuses on General Exceptions, particularly the right of private defence. This chapter outlines the circumstances under which individuals may lawfully protect themselves or their property without facing criminal liability. Understanding these provisions is crucial for anyone interested in Indian criminal law, legal practitioners, and citizens who want to know their rights and limits when defending themselves.

This post breaks down the key sections of Chapter III, explaining the right of private defence, its scope, limitations, and practical implications. We will explore how the law balances individual protection with public safety, providing clear examples to illustrate these principles.

Section	Subject Matter	Key Requirement
14	Mistake of Fact (Bound)	Person believed they were legally bound to do the act.
15	Judicial Acts	Done by a Judge acting judicially and in good faith.
16	Court Orders	Act done following a judgment or order of a Court.
17	Mistake of Fact (Justified)	Person believed they were legally justified in doing the act.
18	Accident	A lawful act done in a lawful manner with proper care.
19	Necessity	Done without criminal intent to prevent greater harm.
20	Infancy (Under 7)	Absolute immunity; child is deemed incapable of crime.
21	Infancy (7–12)	Depends on the child's maturity of understanding.
22	Insanity	Person of unsound mind unable to know the act is wrong.
23	Involuntary Intoxication	Intoxicated against their will; unable to judge the act.
24	Voluntary Intoxication	Person is treated as having the same knowledge as if sober.
25	Consent (General)	Not intended to cause death/grievous hurt; done with consent.
26	Consent (Medical/Benefit)	Done in good faith for person’s benefit; no intent to kill.
27	Guardian’s Consent	Done for child/insane person’s benefit with guardian's consent.
28	Invalid Consent	Consent is void if obtained by fear, fraud, or misconception.
29	Independent Offenses	Exceptions don't apply to acts that are crimes on their own.
30	Benefit without Consent	Emergency acts done in good faith when consent is impossible.
31	Communication	Good faith disclosure (e.g., doctor to patient).
32	Duress / Compulsion	Acted under threat of instant death (excludes murder/State crimes).
33	Trivial Acts	Harm so slight that an ordinary person wouldn't complain.

What Are General Exceptions?

General exceptions are legal provisions that excuse certain acts from being considered crimes under specific conditions. They recognize situations where the accused’s actions, though technically unlawful, should not be punished due to factors like lack of intent, coercion, or mistake of fact. These exceptions help balance justice by preventing unfair penalization.

Act Done by a Person Bound or Mistakenly Believing Himself Bound by Law

Section 14 of BNS 2023 protects individuals who perform acts they are legally required to do or who mistakenly believe they are legally bound. For example, a tax officer collecting a tax under a valid law cannot be held criminally liable for the act.

Example: A person pays a fine believing it is legally required, but later it turns out the fine was imposed incorrectly. The act of payment is protected under this exception.

Act of a Judge Acting Judicially

Section 15 shields judges from criminal liability when they perform judicial acts in good faith. This ensures judicial independence and protects judges from harassment.

Example: A judge passes a verdict based on evidence and law. Even if the verdict is later overturned, the judge is not criminally liable for the decision.

Act Done Pursuant to Judgment or Order of Court

Section 16 covers acts done following a court’s judgment or order. This protects individuals who execute court orders from criminal charges related to those acts.

Example: A police officer enforcing a court order to evict a tenant is protected under this exception.

Act Done by a Person Justified or Mistakenly Believing Himself Justified by Law

Section 17 applies when a person acts lawfully or believes in good faith that their act is lawful. This includes self-defense or defense of property.

Example: A homeowner uses reasonable force to stop a burglar. Even if the force causes harm, the act is justified.

Accident in Doing a Lawful Act

Section 18 excuses harm caused by accident during the performance of a lawful act without negligence or intent.

Example: A driver following traffic rules accidentally hits a pedestrian who suddenly steps onto the road. The driver is not criminally liable.

Act Likely to Cause Harm but Done Without Criminal Intent to Prevent Other Harm

Section 19 allows acts that may cause harm but are done without criminal intent to prevent greater harm.

Example: Breaking a window to rescue a child trapped inside a burning house is excused even though property damage occurs.

Act of a Child Under Seven Years of Age

Section 20 states that children under seven cannot be held criminally responsible due to lack of understanding.

Example: A toddler accidentally breaks a vase. The child is not liable for the damage.

Act of a Child Above Seven and Under Twelve Years of Age of Immature Understanding

Section 21 recognizes that children between seven and twelve may be liable only if they understand the nature and consequences of their act.
Example: A 10-year-old who intentionally damages property knowing it is wrong may be held responsible.

Act of a Person of Unsound Mind

Section 22 protects individuals who commit acts while suffering from mental illness that impairs judgment.

Example: A person with severe schizophrenia causing harm during a psychotic episode may be excused.

Act of a Person Incapable of Judgment by Reason of Intoxication Caused Against His Will

Section 23 excuses acts committed by a person intoxicated involuntarily.

Example: Someone unknowingly drugged and committing an act during intoxication is not liable.

Offence Requiring Particular Intent or Knowledge Committed by One Who Is Intoxicated

Section 24 states that if a crime requires specific intent or knowledge, a person who is voluntarily intoxicated may not be held liable if intoxication prevents forming that intent.

Example: A person too drunk to form intent to commit theft may be excused under this section.

Act Not Intended and Not Known to Be Likely to Cause Death or Grievous Hurt, Done by Consent

Section 25 covers acts done with consent where death or serious injury is neither intended nor likely.

Example: A consensual sports activity causing accidental injury is excused.

Act Not Intended to Cause Death, Done by Consent in Good Faith for Person’s Benefit

Section 26 protects acts done with consent for medical treatment or benefit, even if harm occurs.

Example: A surgeon performing a risky operation with patient consent is protected.

Act Done in Good Faith for Benefit of Child or Person of Unsound Mind, by or by Consent of Guardian

Section 27 allows acts done in good faith for the benefit of minors or mentally ill persons, with guardian consent.

Example: Administering medication to a mentally ill person with guardian approval.

Consent Known to Be Given Under Fear or Misconception

Section 28 invalidates consent given under fear or misunderstanding.

Example: A person forced to sign a contract under threat cannot be held liable for acts based on that consent.

Exclusion of Acts Which Are Offences Independently of Harm Caused

Section 29 clarifies that some acts are offenses regardless of harm, so exceptions do not apply.

Example: Possession of illegal drugs is an offense even if no harm occurs.

Act Done in Good Faith for Benefit of a Person Without Consent

Section 30 excuses acts done without consent but in good faith for someone’s benefit.

Example: Giving emergency medical aid to an unconscious person.

Communication Made in Good Faith

Section 31 protects statements made honestly without intent to harm.

Example: A witness giving truthful testimony is protected.

Act to Which a Person Is Compelled by Threats

Section 32 excuses acts committed under coercion or threats.

Example: A person forced to commit theft under threat to life.

Act Causing Slight Harm

Section 33 excuses acts causing minor harm not warranting criminal punishment.

Example: A minor scuffle causing slight bruises.

Practical Importance of General Exceptions

These exceptions ensure the law is fair and just. They prevent punishment when:

• The accused lacked criminal intent.
• The act was done under legal duty or authority.
• The accused was incapable of understanding the act.
• The act was accidental or done to prevent greater harm.

Understanding these exceptions helps lawyers build strong defenses and helps citizens know their rights.

Subject Matter	BNS (2023)	IPC (1860)	Status
Act done by a person bound by law	14	76	Re-numbered
Act of Judge acting judicially	15	77	Re-numbered
Act pursuant to Court Order	16	78	Re-numbered
Act done by a person justified by law	17	79	Re-numbered
Accident in doing a lawful act	18	80	Re-numbered
Act of Necessity (Preventing other harm)	19	81	Re-numbered
Act of Child under 7 years	20	82	Re-numbered
Act of Child 7–12 (Immature understanding)	21	83	Re-numbered
Act of a person of unsound mind	22	84	Re-numbered
Involuntary Intoxication	23	85	Re-numbered
Knowledge/Intent in Intoxication	24	86	Re-numbered
Act done by Consent (Grievous hurt/Death not intended)	25	87	Re-numbered
Act in Good Faith for benefit with consent	26	88	Re-numbered
Act for benefit of Child/Insane by guardian	27	89	Re-numbered
Invalid Consent (Fear/Misconception)	28	90	Re-numbered
Independent Offenses (Harm not part of offense)	29	91	Re-numbered
Act for benefit without Consent (Emergency)	30	92	Re-numbered
Communication in Good Faith	31	93	Re-numbered
Act under Compulsion/Threat	32	94	Re-numbered
Slight Harm (Trifles)	33	95	Re-numbered

 Of right of private defence  

What the Right of Private Defence Means

The right of private defence allows a person to protect their body or property from unlawful harm or threat. This right is not absolute but is subject to specific conditions and limits defined in the Bharatiya Nyaya Sanhita 2023. The law recognizes that individuals may need to act immediately to prevent injury or damage, but it also ensures that such actions do not exceed what is necessary or reasonable.

Section 34: Things Done in Private Defence

Section 34 sets the foundation by stating that acts done in private defence are not offenses if they meet the legal criteria. This means that if a person uses force to defend themselves or their property against an unlawful attack, their actions may be justified under the law.

For example, if someone tries to forcibly enter your home, you have the right to use reasonable force to stop them. However, the force used must be proportionate to the threat faced.

Scope of Private Defence of Body and Property

Section 35: Right of Private Defence of Body and Property

This section clarifies that the right of private defence extends to both the body and property of a person. It protects individuals from physical harm and also safeguards their belongings from unlawful interference.

• Private defence of the body applies when a person faces an attack that threatens their physical safety.
• Private defence of property applies when someone attempts to damage, steal, or unlawfully enter property.

For instance, if a person tries to steal your vehicle, you may use reasonable force to prevent the theft.

Section 36: Defence Against Persons of Unsound Mind or Children

The law recognizes that some attackers may not be fully responsible for their actions due to mental incapacity or age. Section 36 states that the right of private defence applies even when the attacker is a person of unsound mind, intoxicated, or a child, but the force used must be carefully measured.

This means you cannot use excessive force against a mentally ill person or a child, even if they pose a threat. The response should be appropriate to the situation.

Limits on the Right of Private Defence

Section 37: Acts Against Which There Is No Right of Private Defence

Not all acts justify private defence. Section 37 lists specific situations where the right does not apply. For example, a person cannot claim private defence if the act they are defending against is lawful or if the threat is not immediate.

This prevents misuse of the right to justify unlawful violence or retaliation.

When Private Defence May Cause Death or Harm

Section 38: When Private Defence of Body Extends to Causing Death

This section allows causing death in private defence only when the attacker poses a threat of death or grievous harm. The law permits lethal force if it is the only way to prevent serious injury or death.

For example, if someone attacks you with a deadly weapon, you may use force that could result in their death to save your own life.

Section 39: When Private Defence of Body Extends to Causing Harm Other Than Death

If the threat is less severe, the defender may only cause harm that is necessary to stop the attack but not death. This ensures that the response is proportional to the danger.

Section 40: Commencement and Continuance of Right of Private Defence of Body

The right begins as soon as the threat arises and continues as long as the threat persists. Once the danger ends, the right to use force also ends.

Private Defence of Property

Section 41: When Private Defence of Property Extends to Causing Death

Similar to defence of the body, causing death in defence of property is allowed only under extreme circumstances, such as when the attacker intends to cause death or grievous harm while committing a crime against property.

For example, if a burglar attacks you with a weapon during a robbery, lethal force may be justified.

Section 42: When Private Defence of Property Extends to Causing Harm Other Than Death

If the threat to property does not involve danger to life, the defender may only cause necessary harm to stop the attack without causing death.

Section 43: Commencement and Continuance of Right of Private Defence of Property

The right to defend property starts when an unlawful attack begins and continues until the threat ends. The defender must stop using force once the attacker retreats or the threat is neutralized.

Protecting Innocent Persons During Defence

Section 44: Right of Private Defence Against Deadly Assault When There Is Risk of Harm to Innocent Person

This section addresses situations where defending oneself or property might put innocent bystanders at risk. The law requires the defender to consider the safety of others and avoid causing harm to innocent people.

For example, if firing a weapon to defend yourself could hit a bystander, you must weigh the risk carefully and use alternative means if possible.

Practical Examples and Applications

Understanding these sections becomes clearer with real-life examples:

• Home invasion: If an intruder breaks into your home threatening your safety, you can use reasonable force to defend yourself and your family. If the intruder attacks with a weapon, lethal force may be justified.
• Property theft: If someone tries to steal your motorcycle, you can physically stop them but cannot cause death unless they threaten your life.
• Mental health considerations: If a person with a mental illness attacks you, use minimum necessary force to protect yourself without causing serious harm.
• Public safety: If defending yourself risks harming others, such as firing a gun in a crowded area, you must consider alternative actions to avoid innocent casualties.

Section	Title / Subject	Key Provision
34	Things done in private defence	Nothing is an offence which is done in the exercise of the right of private defence.
35	Body and Property	Every person has a right to defend their own body (or another's) and their property (or another's) against certain offences.
36	Against Unsound Mind	The right exists even if the attacker is of unsound mind, intoxicated, a minor, or acting under a misconception.
37	No Right of Private Defence	No right exists against acts by public servants acting in good faith, or if there is time to seek protection from public authorities.
38	Body: Causing Death	Right extends to causing death if the threat involves: murder, grievous hurt, rape, kidnapping, or acid attack.
39	Body: Harm other than Death	If the offence is not listed in Section 38, the right only extends to causing harm short of death.
40	Body: Duration	Commences as soon as a reasonable apprehension of danger arises and continues as long as that apprehension lasts.
41	Property: Causing Death	Right extends to causing death in cases of: robbery, house-breaking by night, arson, or theft/mischief causing fear of death/grievous hurt.
42	Property: Harm other than Death	If the offence is not listed in Section 41, the right only extends to causing harm short of death.
43	Property: Duration	Commences with apprehension of danger. Ends when property is recovered, public authorities are reached, or the trespass/theft ceases.
44	Deadly Assault (Innocent Risk)	If a person is under deadly assault and cannot defend themselves without risking an innocent person, the right extends to running that risk.

Final Thoughts

The general exceptions under Bharatiya Nyaya Sanhita 2023 Chapter III provide a clear framework for when acts are excused from criminal liability. They balance the need for law enforcement with fairness and justice. Anyone dealing with criminal law in India should understand these exceptions thoroughly to navigate the legal system effectively.

Chapter III of the Bharatiya Nyaya Sanhita 2023 clearly defines the right of private defence, balancing individual rights with public safety. It allows people to protect themselves and their property from unlawful attacks but sets strict limits to prevent misuse or excessive force. The law also considers special cases like attacks by persons of unsound mind and the risk to innocent bystanders.

Knowing these provisions helps individuals act within the law when defending themselves and understand when their actions may cross legal boundaries. This knowledge is essential for responsible citizenship and legal awareness.

For anyone facing a situation involving self-defence, consulting a legal expert is advisable to understand the specific application of these laws.For those interested in deeper legal study or practice, reviewing case law interpreting these exceptions will provide further insight into their application.