Introduction
In
Pakistan, Pakistan Penal Code is the major criminal law, which defines
substantive offences and prescribes their respective punishments. This code
also describes some specific circumstances in which crimes are though
committed, yet offenders are exempted from punishments. In such circumstances,
it is not intention or guilty mind, which constitutes crimes, but it is
external force, which instigates mind to commit crimes.
Definition
In
criminal Law, a settled principle is that no innocent should be punished even
if thousand criminals escape. Here, explanation is that it is not just to
punish someone who was controlled by a criminal as a puppet to do an illegal
act. Like wise, there are certain circumstances, in which an apparent offender
is exempted from major punishment or is entitled to just minor punishment. Such
circumstances have been termed as General Exceptions in Pakistan Penal Code.
General Exceptions in the Light of Pakistan Penal code
In
Pakistan Penal Code following are General Exceptions have been provided;
(i) Mistake
If
an act is done by a person, who is bound by law to do it or who, by reason of
mistake of fact and not by reason of mistake of law in good faith, believes
himself/herself to be bound by law to do it, such act is not considered an
offence.
(ii) Judicial Acts
Under
Pakistan Penal Code, following General Exceptions have been provided in respect
of judicial acts;
(a) Act
of Judge
An
act is not an offence, which is done by a judge when he/she acts judicially in
exercise of any power which is given to him/her by law or which he/she believes
in good faith to be given to him/her by law.
(b) Act
Done Pursuant to Judgment or Order of Court
An
act is not an offence, when it is done in pursuance of judgment or order of a
court of Justice or which is warranted by judgment or order of a Court of
Justice whilst such judgment or order remains in force.
(iii) Acts Justified By Law
An
act is not an offence, when it is done by any person who is justified by law in
doing it or who, by reason of a mistake of fact and not by reason of a mistake
of law, believes in good faith himself/herself to be justified in doing it.
(iv) Accident
An
act is not an offence, which is done by accident or misfortune, and which is
done without any criminal intention or knowledge in doing of a lawful act in a
lawful manner by lawful means and with proper care and caution.
(v) Necessity
An
act is not an offence, which is though done with the knowledge that it is
likely to cause harm, yet it is done it is done without any criminal intention
to cause harm, and in good faith for purpose of preventing or avoiding other
harm to person or property.
(iv) Infancy
An
act is not an offence, which is done by a child under seven years of age.
(vii) Child’s Immaturity
An
act is not an offence, which is done by a child, who is above seven years of
age and under twelve years of age, and who has not attained sufficient maturity
of understanding to judge nature and consequences of his/her conduct on that
occasion.
(viii) Insanity
An
act is not an offence, which is done by a person who, at time of doing it, by
reason of unsoundness of mind, is incapable of knowing nature of act or is
incapable of knowing that he is ding what is either wrong or contrary to law.
(viii) Intoxication
Under
Pakistan Penal Code, following General Exceptions have been provided in respect
of intoxication,
(a) When
intoxicated Person in Incapable of Judgment
An
act is not an offence, which is done by a person who, at time of doing it, is,
by reason of intoxication, is incapable of knowing nature of act or is
incapable of knowing that he is doing what is either wrong or contrary to law.
(b )When
Intoxicated Person Does An Offence, which requires Particular Intent or
Knowledge
In
cases where an act done is not an offence unless done with a particular
knowledge or intent, a person , who does the act in a state of intoxication,
shall be liable to be dealt with as if he/she had the same knowledge as he/she
would have had if he/she had not been intoxicated.
(ix) Consent
An
act is not an offence, which is done with consent of victim or which is done
for benefit of a person of twelve years age or a person of unsound mind through
his/her guardian’s consent or which is done for benefit of a person without
his/her consent.
(x) Compulsion
Except
murder and offences against State, which are punishable with death, an act is
not offence; which is done by a person due to those threats, which cause
apprehension of his/her death.
(xii) Private Defence
Pakistan
Penal Code recognizes this principle that every person has right to defend
his/her body and property. Therefore, private defence under Pakistan Penal Code
is considered a General Exception to offences.
Conclusion
To
conclude, it can be stated that General Exceptions, which have been provided in
Pakistan Penal Code, are generally divided into excusable and justifiable
exceptions. In excusable exceptions, guilty mind is completely absent while
acts are not left excused, but are justified in justifiable exceptions.
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