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April 3, 2019
Learn of the Different Exceptions Under Indian Penal Code
If you commit a criminal offense, you are supposed to be convicted for that according to the applicable law. According to the Indian Penal Code, not all acts are to be punished. With such a barrier, one can escape criminal risk. They get on a similar story which is even though the individual carried out the criminal offense, they weren’t committed to doing as such or didn’t have any criminal aim. Also, they had no intention of committing the crime. It is the responsibility of the accused to prove the existence of such a situation; they hold the burden of proof. There are very many general exceptions that are under section 76 to 106 of the Indian Penal Code; however, in the literature underneath, we will discuss some of the most common in our contemporary society.
One can claim a mistake of facts if the person facing the criminal charge was mistaken of specific circumstances. It is important that the mistake needs to be associated with the fact and not law. There is no excuse in ignorance of the law. Whatever the result, the individual using such must show the court that they were obligated by law to perform the activity. Likewise, they need had a conviction that they are bound by law to do the activity. It needs to be an error due to fact and not law, which was also done in good faith. Another great defense utilized in criminal law is a judicial act whereby a judge gets excluded when they satisfy certain thresholds. Then again, there’s the situation of a mishap. Any individual that can prove that the act that they engaged in were because of an accident, they can escape criminal prosecution. They should prove that they didnt have intent at all when they were engaging in the activity. There are numerous different elements that they have to demonstrate the condition for them to have solid protection. The act doesn’t need to qualify as whatever else; it should be a mishap. There needs to be zero intent of criminal activity. It also needs to be bound by law.
Another aspect of the law that those charged with criminal cases utilize is the doctrine of necessity/ self-preservation. This relates to the defense of property as well as self-defense. A defense of necessity is when theres a death when a person is trying to defend their property. Of course, there are a lot of issues that must be met before one can make a valid case. There are other instances of exceptions that we are not going to discuss in this text; however, they are also very important. The IPC understands that there are a few occasions of a criminal act that one doesn’t have to get convicted.