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QLC PAKISTAN PENAL CODE

LLB I
What are different exceptions provided in PPC.

1. INTRODUCTION
Exception Eats the General Rule
Exception can also be called as defenses available in Criminal trial
Burden of prove to prove an exception is always on defense council u/Art 121
of Qanun E Shahdat Order, 1984

PLD 2002 Kar. 152


"Good Faith" is a common factor in all these exceptions provided in PPC, would
therefore, help the accused only if it is made out that the acts were done by him in
good faith.
2. RELEVANT PROVISION
Chapter IV Section 76 to 106 of The Pakistan Penal Code, 1860

3. INTERPRETATION OF THE TERM GENERAL EXCEPTIONS

The act of excepting or excluding from a description; that which is excepted or


separated from others in a general rule or description;

4. CATAGORIES OF EXCEPTIONS PROVIDED IN PPC

1. ACTS DONE BY PERSONS BOUND BY LAW TO DO


2002 PCRLJ 270
Mistake of fact can be a defence if it is in good faith and one is bound by the law to
do it.

a. Act as performance of duty U/S 76


b. Act of judges/S 77
c. Act in pursuant to judgments U/S 78

2. ACTS DONE WITH JUSTIFICATIONS


a. Acts by person justified by law U/S 79
b. Accidents in lawful acts U/S 80
c. Act to avoid larger harm U/S 81

3. ACTS DONE WITHOUT UNDERSTANDING


a. Child below seven years U/S 82
b. Child above sever with immature understanding U/S 83
c. Acts of insane person U/S 84
d. Acts by person forcefully intoxicated/Ss. 85 & 86

4. CONSENT & COMPUSION


a. Acts done with consent/S 87
b. Acts done for benefit of victim with consent U/S 88
c. Acts for benefit of child or insane person with guardians
consent/S 89
d. Acts done even without consent but for benefit of victim/S
92
e. Acts for which person is compelled
QLC PAKISTAN PENAL CODE
LLB I
What are different exceptions provided in PPC.

5. COMMUNICATION IN GOOD FAITH U/S 93

6. ACTS CAUSING SLIGHT HARM U/S 95

7. RIGHT OF PRIVATE DEFENCE U/Ss.96-106

5. ACTS DONE BY PERSONS BOUND BY LAW TO DO

a. Act as performance of duty U/S 76


Nothing is an offence done by person bound by law to do
Even act done in mistake of fact is justified

I- Meaning of Mistake of Fact


A mistake of fact consists, in an unconscious ignorance or
forgetfulness of fact, past or present, material to the transaction.

II- Application of the Maxim.


Ignorantia facit excusat, ignorantia juris non excusat.
Ignorance of fact is excused but ignorance of law is no excuse.
Mistake of fact section 76 to 81 applies.

III- Mistake of fact a good defence.


1990 PCr.L.J 196
Mistake of fact could be a defence if the same was in good faith and
one was bound by law to do it.
IV- Illustration.
A, a soldier, fires on a mob by the order of his superior officer, it
conformity with the commands of the law. A has committed no
offence.

b. Act of judges/S 77
i) A judge.
ii) Acting Judicially
iii) In the exercise of his powers.
iv) In good faith
v) Given to him by law.

c. Act in pursuant to judgments U/S 78


This section is merely a corollary to section 77.
It affords protection to officers acting under the authority of a
judgment or order of a court of Justice. It differs from section
77 on the question of jurisdiction. Under it the officer is
protected in carrying out an order of account which may have
no jurisdiction at all, if he believed that the Court had
jurisdiction.
QLC PAKISTAN PENAL CODE
LLB I
What are different exceptions provided in PPC.

6. ACTS DONE WITH JUSTIFICATIONS


a. Acts by person justified by law U/S 79

I- Definition of good faith


U/ Sec 52 of ppc.
As the section is nothing is said to be done in good faith which
is done or believed without due care and attention.
Under General Clauses Act, 1897.

b. Accidents in lawful acts U/S 80

( 1868 ) L.R. 3. C.P 313, 316


An accident s not the same as an occurrence, but is something
that happen out of the ordinary course of things.
( 1887 ) 12 App. Cas. 518, 524
The idea of something fortuitous and unexpected is involved in them
.
c. Act to avoid larger harm U/S 81
Add one Para of explanation

7. ACTS DONE WITHOUT UNDERSTANDING

a- Child below seven years U/S 82

Irrebutable presumption of law


Prosecution not allowed to prove Mens Rea
Absence of Mens Rea

b- Child above sever with immature understanding U/S 83


burden to prove immaturity is on defense council
benefit can be given to a child under twelve years of age only

c- Acts of insane person U/S 84


Insane person of any age can enjoy the benefit of this section
sufficient medical evidence required to prove insanity

d- Acts by person forcefully intoxicated/Ss. 85 & 86


Incapability to judge is condition precedent
Thing intoxicated must be administered against the will of accused

Offences Requiring Particular Intention U/S 86


o Intention shall be deemed to be present
o If intoxication was taken willingly

8. CONSENT & COMPUSION


a. Acts done with consent/S 87
QLC PAKISTAN PENAL CODE
LLB I
What are different exceptions provided in PPC.

i. Consent can be express or implied


ii. Consent must not be to cause
1. Death, or
2. Grievous hurt
iii. Consent given for amusement is valid
under this section
b. Acts done for benefit of victim with consent U/S 88

a. Must be for the benefit of victim


b. Element of good faith must be present
c. Consent must be for suffering harm or risk of harm
d. Applicable on major persons.

c. Acts for benefit of child or insane person with guardians consent/S


89

I- Guardian has legal right to give consent on behalf of


o Minor, or
o Insane
II- Consent must be given for their benefit

III- Guardian barred by law to give consent for killing

IV- Consent can not be given except


1. for preventing death,
2. grievous hurt, or
3. curing any grievous disease
4. consent cant be give for voluntary causing of death
5. consent for abetment of offence is of no benefit
under this section
FACTOR VITIATING CONSENT AS A GOOD DEFENCE U/S 90
Fear
Misconception
Insanity
Tender age or minority
d. Acts done even without consent but for benefit of victim/S 92
1. acts can be done for the benefit of victim without
consent
2. sufficient cause must exist to justify acting without
consent
3. this section does not cover cases of intentional
a. murder
b. hurt
c. vlountary causing greviouse hurt, or
d. abetment of offence
e. Acts for which person is compelled U/S 94
i-Modes of compelling
QLC PAKISTAN PENAL CODE
LLB I
What are different exceptions provided in PPC.

Threats, or
Fear
Non application of this section
On murder cases
Offences against state
Accord & voluntary falling in such situation is not justified
9- COMMUNICATION IN GOOD FAITH U/S 93
a. Any harm
b. Result of communication
c. Made in good faith
10- CAUSING SLIGHT HARM U/S 95
PLD 1960 PESH 19
The right of private defence cannot be extended to cover harmful action that may be
anticipated in the future however well founded the anticipation may be. The right
relates only to meet danger to a person or property or danger occurs in the immediate
presence.

11- RIGHT OF PRIVATE DEFENCE U/Ss.96-106

9. CONCLUSION