Prateek Kher

General Explanations, Definitions & General Exceptions

Subject: Criminal Law (IPC / Bharatiya Nyaya Sanhita & CrPC / BNSS)
Scope: Elements of Crime, Joint & Constructive Liability, General Exceptions, Consent, Intoxication, Insanity, Infancy, and Right of Private Defence.

1. Essential Elements of a Crime

Human Being

Criminal liability generally attaches to a human being under a legal obligation to act in a particular manner.

Mens Rea (Guilty Mind)

Criminal intention or guilty state of mind.

Actus non facit reum nisi mens sit rea
An act does not make a person guilty unless the mind is also guilty.
Actus Reus (Guilty Act)

Physical act or omission forbidden by law.

Injury
IPC, 1860 - Sec 44 BNS, 2023 - Sec 2(11)

Injury includes harm to body, mind, reputation, or property.

2. Joint Liability vs Constructive Liability

Feature Joint Liability
IPC Sec 34 BNS Sec 3(5) 		Constructive Liability
IPC Sec 149 BNS Sec 190
Principle Common Intention Common Object of Unlawful Assembly
Minimum Persons 2 or More 5 or More
Participation Actual Participation Required Mere Membership Sufficient
Nature Pre-arranged Plan / Meeting of Minds Common Object Shared by Assembly

3. General Exceptions

Chapter Mapping: IPC 1860: Sec 76–106 BNS 2023: Sec 14–44
Burden of Proof:
Indian Evidence Act, 1872 - Sec 105 Bharatiya Sakshya Adhiniyam, 2023 - Sec 108

The burden of proving the existence of circumstances bringing the case under a General Exception lies on the accused.

Mistake of Fact vs Mistake of Law
IPC Sec 76 & 79 BNS Sec 14 & 17
  • Sec 76: Act done by a person bound by law or by mistake of fact believing himself bound by law.
  • Sec 79: Act done by a person justified by law or by mistake of fact believing himself justified by law.
Golden Maxim:
Ignorantia facti excusat, ignorantia juris non excusat
Ignorance of fact is an excuse; ignorance of law is no excuse.
Judicial Acts
IPC Sec 77 & 78 BNS Sec 15 & 16

Protection is granted to judges acting judicially in good faith and persons executing court orders and judgments.

Accident
IPC Sec 80 BNS Sec 18

Accident or misfortune occurring without criminal intention or knowledge while performing a lawful act by lawful means with proper care and caution.

Necessity
IPC Sec 81 BNS Sec 19

Act done without criminal intention to prevent a greater harm.

Quod necessitas non habet legem
Necessity knows no law.

4. Infancy (Doli Incapax)

Absolute Immunity
IPC Sec 82 BNS Sec 20

Child under 7 years of age.

Qualified Immunity
IPC Sec 83 BNS Sec 21

Child above 7 and below 12 years who lacks sufficient maturity.

Insanity / Unsoundness of Mind
IPC Sec 84 BNS Sec 22

Defence available where the accused is incapable of understanding the nature of the act or that it is wrong or contrary to law.

Based upon the M'Naghten Rules (1843). Legal insanity is required, not medical insanity.
Intoxication
IPC Sec 85–86 BNS Sec 23–24
  • Involuntary intoxication is a defence.
  • Voluntary intoxication is generally not a defence.
Consent
IPC Sec 87–92 BNS Sec 25–30
Volenti non fit injuria
Harm voluntarily suffered does not amount to legal injury.
Consent cannot ordinarily be given to cause death or grievous hurt.

5. Right of Private Defence

IPC Sec 96–106 BNS Sec 34–44
Section 96: Nothing is an offence done in exercise of private defence.
Restrictions (IPC Sec 99 / BNS Sec 37):
  • No defence against lawful acts of public servants acting in good faith.
  • No defence where public authority can be approached.
  • Force used must be proportionate.

6. Landmark Cases

Barendra Kumar Ghosh v. Emperor (1925)

Established Joint Liability under IPC Sec 34 / BNS Sec 3(5). Physical presence with common intention is sufficient.

Mehboob Shah v. Emperor (1945)

Distinguished common intention from similar intention.

DPP v. Beard & Basdev v. State of Pepsu

Voluntary drunkenness is ordinarily no defence.

Dudley v. Stephens (1884)

Necessity cannot justify killing an innocent person merely for survival.

7. Bare Act Navigation Tips

Important IPC ↔ BNS Conversions
  • IPC Sec 34 → BNS Sec 3(5)
  • IPC Sec 141/149 → BNS Sec 189/190
  • IPC Sec 76–106 → BNS Sec 14–44
  • IPC Sec 84 → BNS Sec 22
  • IPC Sec 100 → BNS Sec 38
  • IPC Sec 103 → BNS Sec 41
Infancy Defence Age Limits
  • Below 7 Years → Absolute Immunity
  • 7–12 Years → Conditional Immunity