Excusable : Justifiable
Defences under BNS, 2023
Nandini Shankar
BBA.LLB (2nd Year)
1120230056
GENERAL EXCEPTIONS UNDER BNS (SECTION 14-33)
Mistake of Fact (Section 14)
Mistakes occur, but the law makes a distinction between factual and legal mistakes. Someone is not legally responsible if they act out of a sincere
misunderstanding of fact and think they are required to by law. This shields those who, despite their mistakes, are not malicious. For example, a
soldier on a mission who follows a wrong order because he honestly thinks he must obey orders is pardoned.
Judicial Acts and Court Orders (Sections 15 & 16)
These sections protect judges and those who are carrying out court directions. A judge or an officer is not breaking the law if they render a
decision or carry out an order in good faith, even if it is later determined to be unlawful. This guarantees that people in positions of authority can
carry out their responsibilities without worrying about facing criminal charges as long as they behave within the parameters of their knowledge.
Acts Justified by Law or Mistaken Belief (Section 17)
People are protected even if they are incorrect in their belief that the law justifies them. For instance, even if it turns out that the person trying to
capture the suspect is innocent, they might not be held liable if they truly think they are apprehending a criminal.
Accidents and Misfortunes (Section 18)
Not every accident results in a crime. When someone does a lawful act with due care and it unintentionally causes injury, they are not at fault.
For instance, it is not a crime but rather an unfortunate accident if a carpenter uses a flying tool to harm a witness while using appropriate
caution.
Preventing Greater Harm (Section 19)
This section recognizes that harm may occasionally be required in order to avert more serious harm. A ship captain’s decision to alter
course in order to prevent hitting with another vessel while endangering life is justified if they do so.
Children, Mental Incapacity, and Intoxication (Sections 20–24)
Children under the age of seven and, depending on their maturity, those between the ages of seven and twelve are exempt from criminal
responsibility. In a similar vein, those who are mentally incapacitated or involuntarily drunk are exempt from criminal liability because
they are incapable of understanding their actions at the time.
Acts Done with Consent (Sections 25–27)
Provided that the act was not intended to inflict substantial injury, the law may absolve the person who caused the harm if the victim
gives their agreement. In a friendly boxing bout, for example, both players agree to the risk of injury, which is not illegal. In a similar vein,
even risky medical operations carried out with the agreement of the patient are covered by these sections.
Invalid Consent and Independent Offenses (Sections 28–29)
When someone gives their consent out of fear, coercion, or ignorance—such as children or mentally ill people—it is not considered valid.
Furthermore, some crimes, such as causing a miscarriage, continue to be crimes even when the victim gives their consent.
Emergency Acts Without Consent (Section 30)
When consent is not able to be gained in an emergency, people working in good faith to save the lives of others, like
surgeons, performing life-saving procedures, are protected from criminal charges.
Good Faith Communication (Section 31)
This clause safeguards those who injure others by truthful statements intended to benefit another. For instance, a doctor is
not guilty of a felony if they tell a patient in good faith that they have a terminal illness and the patient is harmed by the
shock.
Compulsion and Immediate Threats (Section 32)
Except in situations involving murder or other serious crimes, a person may be exempt from culpability if they are coerced
into committing a crime under the threat of immediate death. This safeguards people who are subjected to severe coercion.
Trivial Harm (Section 33)
As a last resort least, inconsequential acts that result in little to no harm—like a tiny hit in a busy place—are not considered
crimes. The law acknowledges that certain injuries are so slight as not to require filing a lawsuit.
RIGHT OF PRIVATE DEFENCE UNDER BNS (SECTION 34 – 44)
Section 34: Acts Done in Private Defence
An act is not considered an offence if it is done in the exercise of the right of private defence. This is a important principle that ensures individuals can
protect themselves or others.
Section 35: Defence of Body and Property
Every individual has the right to defend:
● Their own body and the body of others from offences that affect the human body.
● Their property (movable or immovable) or someone else’s property from acts like theft, robbery, mischief, or criminal trespass.
Section 36: Defence Against Acts of Youth, Intoxication, or Unsound
Mind
If a person is of unsound mind, under intoxication, or lacks maturity, their acts may not be offences. However, others have the right to defend
themselves against such acts as if they were offences.
Illustration: If a person of unsound mind attempts to kill another, the latter has the right to defend themselves as they would against a sane attacker.
Section 37: Restrictions on Right of Private Defence
The right to private defence is restricted in specific cases:
● No defence against acts by public servants done in good faith.
● The harm caused in defence should not exceed what is necessary for protection.
Section 38: Defence Leading to Death
A person can voluntarily cause death in self-defence if:
● The assault reasonably causes fear of death or grievous hurt.
● The assault intends to commit rape, unnatural lust, kidnapping, or wrongful confinement.
Section 39: Defence Causing Harm Other Than Death
If the offence does not fall under the severe categories mentioned in Section 38, one may still cause harm to the attacker, but not
death.
Section 40: When the Right Begins and Ends
The right to private defence begins when there is a reasonable apprehension of danger and continues as long as the danger
persists.
Section 41: Defence of Property Leading to Death
A person can voluntarily cause death while defending property in cases of:
● Robbery.
● House-breaking at night.
● Mischief by fire or explosives in human dwellings.
Section 42: Defence of Property Causing Harm Other
Than Death
If the threat is not serious (as mentioned in Section 41), the defender can cause harm but not death.
Section 43: Duration of the Right of Defence for Property
● Defence against theft continues until the thief retreats or the property is recovered.
● Defence against robbery continues as long as the fear of death or injury exists.
● Defence against criminal trespass or mischief continues while the offender is committing the act.
Section 44: Defence Against Deadly Assault With Risk to
Innocent Persons
If a defender cannot protect themselves without the risk of harming innocent people, they are not guilty if they
unintentionally harm an innocent person while defending themselves.
Illustration: If a mob attacks someone and they cannot defend themselves without risking harm to nearby children, they
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