BASICS OF GENERAL EXCEPTIONS I CHAPTER III OF BNS,2023:- GENERAL EXCEPTIONS/DEFENCES I CASE LAWS

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Our channel dives deep into legal principles, focusing on India's Bharatiya Nyaya Sanhita (B.N.S.) 2023, General Exceptions, and their application across various laws. We break down complex legal terms, cases, and provisions to help you understand:
General Exceptions under Chapter III of B.N.S., 2023: Learn about statutory defences that absolve accused individuals from criminal liability, whether pleaded or applied suo motu by courts.
Key Differences: Explore the minor yet significant changes between the B.N.S., 2023 and the Indian Penal Code (I.P.C.).
Burden of Proof: Understand how Section 108 of the Bharatiya Swachata Adhiniyam (B.S.A.) places the responsibility on the accused to prove certain defences.
Absolute & Partial Defences: Discover the difference between complete defences like mistake of fact and insanity, and partial defences like sudden provocation leading to culpable homicide.
Famous Cases: Analyze landmark cases such as K.M. Nanavati vs State of Maharashtra and Kiranjit Ahluwalia's case, showcasing how General Exceptions apply in real life.
We aim to simplify legal language, helping law students, professionals, and enthusiasts navigate through various exceptions and defenses in criminal law. Subscribe for insightful discussions, case studies, and practical examples from both Indian and international legal systems.
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Even if the accused does not claim General Exceptions, it, is the duty of the court to interpret the sections along with exceptions.
1.Sukhdev Singh v Delhi State (Govt of NCT of Delhi) (2003) 7 SCC 441
There is no imperative duty or obligation on an accused to take up a specific plea that his case falls under any of the general exceptions but a court is under duty to bear in mind that every penal provision needs to be interpreted subject to the general
exceptions. It imposes a statutory duty on the court to consider as to whether the offence allegedly committed by an accused is covered by any of the general exceptions or not even though he has not taken the plea specifically.
General Exceptions are also applicable on Local & Special Laws as well.
1.King Emperor v Tustipada Mandal AIR 1951 Ori 284
As per this case general exceptions is applicable not only to the B.N.S. but also to penal provisions in other special and local Acts.
2.Shankar Narayan Bhadolkar v State of Maharashtra AIR 2004 SC 1966
As per this case the title 'General Exceptions' is, therefore, adopted to convey that these 'exceptions' are available to accused of all offences.