Introduction
In this article, we will be studying about the provisions relating to General Exceptions under Bharatiya Nyaya Sanhita, 2023 (BNS).
Section 14 of BNS: Act done by a person bound by law or mistaken belief:
Section 14 shields individuals who, in good faith, believe they are bound by law to perform a certain act.
For instance, a soldier following orders to disperse a mob or an officer arresting some people under the mistaken belief that they are the perpetrators of crime. Such a soldier or officer has committed no offense due to the operations of this provision.
Section 15 of BNS: Act of Judge when acting judicially
Judges acting within their judicial capacity are immune under Section 15 of BNS.
For example, a judge making a decision to punish someone in good faith, here, even if the court lacked jurisdiction, the judge, will be protected under Section 15 of BNS.
Section 16 of BNS: Act done pursuant to judgment or order of Court
Actions taken in line with a court judgment or order are protected under this section.
For example, even if the court lacked jurisdiction, as long as the person executing the orders of court believes in good faith that the court had jurisdiction, the action of the concerned person is not an offense.
Section 17 of BNS: Act done by a person justified, or by mistake of fact believing himself, justified, by law
This section exempts individuals justified by law or acting under a genuine mistake of fact, not law, from offenses.
For instance, a person apprehending a murderer based on a mistaken belief that a crime has been occurred by him will be protected under this section.
Section 18 of BNS: Accident in doing a lawful act
Accidental harm caused while engaging in lawful activities is excusable under Section 18.
For example, if a person, while responsibly using a tool, causes harm unintentionally, it is not considered an offense if proper caution was exercised by him.
Section 19 of BNS: Act likely to cause harm, but done without criminal intent, and to prevent other harm
This section addresses situations where an act is likely to cause harm but is done without criminal intent to prevent or avoid other harm.
For instance, a captain altering the course of a vessel to avoid endangering passengers on one boat, even if it results in a risk to another boat, is not guilty of an offense.
Section 20 of BNS: Act of a child under seven years of age
This section recognizes the innocence and lack of culpability in children under seven.
For instance, if a child under seven accidentally causes harm to another person while playing, it is not considered an offense.
Section 21 of BNS: Act of a child above seven and under twelve of immature understanding
If a child between the ages of seven and twelve commits an offence, he will not be punished if he had immature understanding of the events and the consequences of the events.
Section 22 of BNS Act of a person of unsound mind
This section protects individuals who, due to unsoundness of mind, cannot comprehend the nature of their actions or discern right from wrong.
An example would be a person with severe mental illness committing an offence without understanding its consequences; such a person will not be criminally liable as per Section 22 of BNS.
Section 23 of BNS: Act of a person incapable of judgment by reason of intoxication caused against his will
If a person is intoxicated against his will or without his knowledge, and commits an act while under the influence, then Section 23 exempts such a person from criminal liability.
For instance, if someone unknowingly consumes a spiked drink and engages in disorderly conduct, he will be protected under this section.
Section 24 of BNS: Offense while Intoxicated
If an offence requiring a specific intent or knowledge is committed by a person under the influence of alcohol or other substance, here, such a person will be treated as if he was sober, except when such an intoxication is involuntary.
Section 25 of BNS: Act by Consent Not Intending Death
Acts not intended to cause death or grievous hurt, with the consent of the affected person, are not offenses.
For instance, mutual consent in a fencing match exempts a participant who inadvertently causes harm.
Section 26 of BNS: Act for Person's Benefit without Intending Death
Actions performed in good faith for a person's benefit, even if they may cause harm, are not offenses.
A surgeon conducting a risky operation with the patient's consent for his benefit will fall under this exception and will not be punished, even if the patient dies.
Section 27 of BNS: Acts for Child or Person with Unsound Mind
Acts done in good faith for the benefit of a child or a person with unsound mind, with the guardian's consent, are not offenses, except for specific conditions outlined in the provision.
Section 28 of BNS: Consent under Fear or Misconception
Consent obtained under fear, misconception, unsoundness of mind, intoxication, or by a person under twelve years of age is not valid consent under this Sanhita.
Section 29 of BNS: Exclusion of Offenses Independently of Harm
Certain acts are offenses regardless of consent, such as causing miscarriage without a woman's consent for her benefit, except in cases of saving her life.
Section 30 of BNS: Act in Good Faith for a Person without Consent
No offense is committed if an act is done in good faith for a person's benefit without their consent, under specified conditions, like saving someone's life or preventing grievous harm.
Section 31 of BNS: Communication Made in Good Faith
Communications made in good faith for the benefit of a person are not offenses, even if they result in harm. For instance, a surgeon honestly informing a patient about his critical condition because of which the patient suffers a shock. Here, the surgeon is protected under this section.
Section 32 of BNS: Acts Compelled by Threats
Offences done under threat of instant death, except for murder and certain state offenses, will be exempted. However, if the person willingly placed themselves in such a situation, the exception will not apply.
Section 33 of BNS: Act Causing Slight Harm
No offense is committed if an act causes harm so slight that a person of ordinary sense and temper would not complain.
Frequently Asked Questions (FAQs) on General Exceptions under Bharatiya Nyaya Sanhita, 2023 (BNS)
Q1: What is the purpose of General Exceptions under BNS?
A1: General Exceptions under BNS provide legal protections for individuals in specific circumstances.
Q2: Can a person be held criminally liable if they genuinely believe they are bound by law to perform a certain act?
A2: No, Section 14 of BNS shields individuals who, in good faith, believe they are bound by law to perform a specific act, offering protection against criminal liability.
Q3: Are judges immune from offenses for actions taken within their judicial capacity?
A3: Yes, Section 15 of BNS grants immunity to judges acting within their judicial capacity, even if their decisions lack jurisdiction, as long as the actions are in good faith.
Q4: How are actions taken pursuant to a court judgment or order treated under BNS?
A4: Section 16 of BNS protects actions taken in line with a court judgment or order, regardless of the court's jurisdiction, as long as the person believes in good faith in the court's authority.
Q5: Are individuals justified by law or acting under a genuine mistake of fact exempt from offenses under BNS?
A5: Yes, Section 17 of BNS exempts individuals justified by law or acting under a genuine mistake of fact, not law, from criminal liability.
Q6: Is accidental harm caused during lawful activities excusable under BNS?
A6: Yes, Section 18 of BNS exempts accidental harm caused during lawful activities, provided proper caution was exercised.
Q7: How does BNS address acts likely to cause harm but done without criminal intent to prevent other harm?
A7: Section 19 of BNS addresses such situations, where an act is likely to cause harm but is done without criminal intent to prevent or avoid other harm.
Q8: Does BNS recognize the innocence of children under seven in committing offenses?
A8: Yes, Section 20 of BNS recognizes the innocence and lack of culpability in children under seven, exempting them from criminal liability for unintentional acts.
Q9: How are acts of children between seven and twelve treated under BNS?
A9: Section 21 of BNS acknowledges the immature understanding of children between seven and twelve, exempting them from criminal liability for acts they don't comprehend.
Q10: Does BNS provide protection for individuals with unsound minds from criminal liability?
A10: Yes, Section 22 of BNS protects individuals with unsound minds who cannot comprehend the nature of their actions or discern right from wrong.
Q11: What happens if a person is intoxicated against their will and commits an act while under the influence?
A11: Section 23 of BNS exempts individuals from criminal liability if they are intoxicated against their will or without their knowledge when committing an act.
Q12: Are there exceptions for acts done in good faith for a person's benefit without their consent?
A12: Yes, Sections 26, 27, 28, 29, 30, and 31 of BNS provide exceptions for acts done in good faith for a person's benefit under specific conditions.
Q13: Can threats be a valid defense against criminal liability under BNS?
A13: Yes, Section 32 of BNS exempts offenses done under threat of instant death, except for murder and certain state offenses.
Q14: When is an act excused under BNS if it causes slight harm?
A14: Section 33 of BNS states that no offense is committed if an act causes harm so slight that a person of ordinary sense and temper would not complain.
Notes on general exceptions under BNS (Bharatiya Nyaya Sanhita)
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