General exceptions/ general defenses in Pakistan Penal Code LLB Notes

General exceptions/ general defenses in Pakistan Penal  Code.

Introduction;-

 A lot of crimes are being committed in all over the Pakistan on daily basis. It is difficult to
apply general defenses to a specific crime because there are a number of defenses for
different crimes. In case of a criminal violation there are two parties’ state and accused.
State is the person whose rights have been violated and who goes to the court seeking
remedy. On the other hand accused is a person who has violated the rights of the other
person. In general defense, the person who commits wrong he himself wrong doer and
liable for the criminal breach.

Definition of general defense;-

 In criminal proceedings of court, the denial of the injured person’s claim by accused is called
general defense in criminal law

General Defenses;-

Following are the general defenses in criminal law. Details are being given as under

1. Minority;-

 Under Pakistan Penal code, such act which is offence but it has been performed by a
child who is under seven years of age; because the child under seven years of age cannot
differentiate between right and wrong that’s why he is incapable to perform an offense.
And this is a very valid defense in criminal law.

2. Insanity;-

 Under Pakistan Penal Code, Such act which is offence but it has been performed by a
person who is insane or unsound mind, because the person who is insane cannot
differentiate between right and wrong that’s why he is incapable to perform an offense
and he does not know the reaction of his act. And this is a very valid defense in criminal
law.

• Insanity by drunkenness;-

     If the insanity is brought by drunkenness, because it is due to voluntarily intoxication, so that it is not a valid defense to criminal liability

•  Medical insanity;-

If a person is medically insane and cannot differentiate between right and wrong. It is a valid defense to criminal liability .

3. Intoxication;-

 Under Pakistan Penal Code, such act which is offense but it has been performed by a
person who had drunk, because the person who had drunk cannot differentiate between
right and wrong that’s why it is a very valid defense against criminal offense.

•  Voluntary intoxication;-

 An accused who had drunk voluntarily, , it is not a defense in criminal liability to a
crime

•  Involuntary intoxication;-

 An accused who had drunk involuntarily, it is a very good defense in criminal liability to a crime because he has been drunk by a fraud.

4. Mistake of fact;-

In mistake, accused will have to prove that the wrong done was performed mistakenly.
This is not a very valid defense because it is very hard to prove that a wrong done which
has been committed by accused was purely based on mistaken. It will be considered as
mistake when genuinely accused does not know the reaction of his action and such act
become the reason of injury to other person

• Non-existence of Mens rea;-

If a person who has committed an act which is offense but he did it unintentionally,
it is a valid defense.

• Existence of Mens rea;-

 If a person who has committed an act which is offense but he did it intentionally, it
is not a valid defense for criminal liability to crime,

5. Consent;-

In very limited situations an accused can claim that the victim consented to the accused’s
act.
 For example, you are a viewer of a cricket match , the batsman hits a six, and the ball
lands on your head, but you cannot claim for compensation either from the stadium
authorities or the batsman because when you took a seat in the stadium, you accepted
the risks while sitting in the stadium. Because wrong doer can prove that the injured
person voluntarily put himself in that situation.

•  Consent taken by undue influence;-

If the consent has been taken by accused by using unfair means or by putting undue
pressure, such kind of consent is not a valid defense to criminal liability

•  Consent taken by undue influence;-

 If the consent has been taken by accused by using unfair means or by fraud, such
kind of consent is not a valid defense to criminal liability

6. Private defense;-

Under Pakistan Penal code, private defense is a valid defense. Because every individual
has the right to protect his life and his property from accused and during this protection
he can use certain amount of force if necessary. The criminal law recognizes this right
and any injury which is caused by the personal protection will not give rise to legal
remedy.

•  Types of private defense;-

Private defense is of two types

1) Private defense of person

2) Private defense of property

7. Inevitable accident;-

When an injury is caused to a person by an accident which can’t be avoided even with
reasonable care
 For example;-
if a person accidently injured and happening of that accident can’t be
avoided even with reasonable care. After all, how can an injured person blame for
someone else for this accident.

8. Necessity and compulsion (Pressure);-

In necessity, accused will have to show that the act he did was necessary under certain
situation. If accused successes to prove his necessity in this case accused will not be sued
by victim and that is a valid defense.
For example;-
if accused enters into your private land in order to collect water from your
well to put out a fire from his house. The level of necessity should be very high. If damage
is caused to avoid a greater damage, it becomes a good defense.

 Conclusion;-

 An action which has been performed under lawful provision, it has not been sued by
victim in any court of law. The criminal law has defined those circumstances where
criminal act is justifiable and excusable. As well as the criminal law does not give
permission to anyone to perform unreasonable acts under the statutory provision or in
accordance with general defense because such kind of act will be considered as criminal
offence.