General Exceptions in Pakistan Penal Code

May 30, 2024

General Exceptions (Chapter 4)

Introduction

  • A critical chapter in Pakistan Penal Code (PPC)
  • Provides insight into exceptions exempting an individual from criminal liability
  • Covers scenarios and defenses for exemptions

Key Highlights

  • Studying vital sections that form the chapter
  • Generating a broad understanding to recall essential sections

General Rule and Exception

  • Rule: Where there is a general rule, there is an exception
  • Focus: Situations where even if the crime is committed, no criminal liability is imposed

Studied Sections

  1. Mistake of Fact (Section 76)
    • Applies to persons bound by law (e.g., police executing court orders)
    • Example: Mistakenly arresting the wrong person
    • Criminal liability is exempt due to the mistake of fact, not law
  2. Judge Acting Judicially (Section 77)
    • Judge makes decisions in good faith and honest belief
    • No criminal liability if the decision was made sincerely
  3. Judgment or Order (Section 78)
    • Actions in compliance with court judgments or orders
    • Example: Committing an act under a mistaken court order in good faith
  4. Person Justified by Law (Section 79)
    • Person acts in good faith believing it’s justified by law
    • No criminal liability due to a mistake of fact
  5. Accident (Section 80)
    • Crime committed accidentally without any intention or knowledge
    • Example: Car accident due to unforeseen circumstances leading to death
  6. Necessity (Section 81)
    • Preventing a greater harm by causing a lesser harm
    • Example: Truck accident scenario to save more people

Four "4 I's" Exceptions

  1. Infancy (Section 82)
    • Crimes committed by minors
  2. Immaturity (Section 83)
    • Lack of maturity to understand consequences
  3. Insanity (Section 84)
    • Crimes by mentally unsound persons
  4. Intoxication (Section 85)
    • Involuntary intoxication causing criminal acts
    • Voluntary intoxication does not exempt from liability

Four "4 C's" Exceptions

  1. Consent (Section 87)
    • Acts committed with the consent of the injured party
    • Example: Injuries during agreed sports activities
  2. Communication (Section 88)
    • Harm caused by communication in good faith
    • Example: A doctor’s advice leading to shock and death
  3. Compulsion (Section 94)
    • Acts committed under compulsion & fear
    • Example: Gunpoint threats forcing someone to commit a crime
  4. Causing Slight Harm (Section 95)
    • Minor harm causing no significant injury
    • Example: Pinching someone

Private Defence (Section 96-106)

  • Right to self-defense if attacked or threatened
  • No liability if harm caused for self-protection
  • Boundary: Must be under imminent threat

Summary

  • Covered the general exceptions in PPC
  • Studied each defense and scenarios where criminal liability is exempt
  • Identified key sections: Mistake of Fact, Judicial Acts, Judgment or Orders, Justified Acts, Accident, Necessity, Four I’s, Four C’s, Private Defence

Moving Forward

  • Next important chapter detailed study