BNS Chapter III — General Exceptions
BNS Sections 14 to 44 of Bharatiya Nyaya Sanhita, 2023
Introduction
Chapter III of the Bharatiya Nyaya Sanhita defines General Exceptions, i.e., situations where an act, though seemingly unlawful, is not treated as an offence. These cover mistakes of fact, judicial acts, accidents, acts done without intent, actions by children or persons of unsound mind, and the scope of private defence.
BNS Sections Covered
| BNS Section | Title | Description |
|---|---|---|
| 14 | Act done by a person bound, or by mistake of fact believing himself bound, by law | Protection for acts done under legal obligation or mistaken belief of such obligation. |
| 15 | Act of Judge when acting judicially | Judicial acts done in good faith are not offences. |
| 16 | Act done pursuant to the judgment or order of Court | Acts carried out under Court orders are exempted. |
| 17 | Act done justified, or by mistake of fact believing justified, by law | Exempts acts done in good faith believing justified by law. |
| 18 | Accident in doing a lawful act | Accidental harm while performing lawful acts is excused. |
| 19 | Act likely to cause harm but without criminal intent | Acts without criminal intent to prevent greater harm are exempt. |
| 20 | Act of a child under seven years of age | Children under 7 cannot be held criminally liable. |
| 21 | Act of a child above seven and under twelve | Exemption for children lacking sufficient maturity. |
| 22 | Act of a person of mental illness | Acts by persons incapable of understanding due to mental illness are exempt. |
| 23 | Act of a person intoxicated against his will | Exemption when intoxication is involuntary. |
| 24 | Offence requiring intent committed by intoxicated person | No exemption if intoxication was voluntary in offences requiring intent. |
| 25 | Act not intended to cause death or grievous hurt, done by consent | Consent excuses certain harms not intended to cause death or grievous injury. |
| 26 | Act not intended to cause death, done by consent in good faith | Acts done with consent in good faith for benefit are exempt. |
| 27 | Act done in good faith for benefit of child or person with mental illness | Exempts guardians acting in good faith for child/mentally ill person. |
| 28 | Consent under fear or misconception | Consent obtained under fear or misconception is invalid. |
| 29 | Exclusion of acts which are offences independently of harm caused | Acts inherently criminal are not excused by consent. |
| 30 | Act done in good faith for benefit of a person without consent | Permits certain acts for benefit without consent. |
| 31 | Communication made in good faith | Truthful communication in good faith is not an offence. |
| 32 | Act to which a person compelled by threats | Acts done under coercion or threat are exempt. |
| 33 | Act causing slight harm | Trivial harm without intent is excused. |
| 34 | Things done in private defence | Private defence is not an offence. |
| 35 | Right of private defence of body & property | Defines scope of private defence rights. |
| 36 | Right of private defence against acts of mentally ill | Private defence extends even against actions of mentally ill persons. |
| 37 | Acts against which there is no right of private defence | Lists exceptions where private defence does not apply. |
| 38 | Right of private defence of body extends to causing death | Explains when defence may extend to causing death. |
| 39 | Right extends to causing harm other than death | Clarifies limits where only lesser harm is permitted. |
| 40 | Commencement & continuance of right of private defence of body | Defines start and duration of defensive right for body. |
| 41 | Right of private defence of property extends to causing death | Explains when defence of property may extend to causing death. |
| 42 | Right extends to causing harm other than death | Clarifies scope for property defence. |
| 43 | Commencement & continuance of right of private defence of property | Defines start and duration of defensive right for property. |
| 44 | Right of private defence against deadly assault risking innocent persons | Protects defenders when innocents may also be harmed in deadly assault situations. |
Conclusion
BNS Sections 14–44 (General Exceptions) safeguard individuals by recognizing circumstances like accidents, lack of intent, mental incapacity, coercion, and private defence, ensuring only truly culpable acts are punishable.