Pakistan Penal Code 1860

CHAPTER IV — GENERAL EXCEPTIONS

Sections 76 – 106 | Easy Study Notes with One Example Each

What are General Exceptions? Normally, if someone does something wrong, they are punished.
But Chapter 4 lists special situations where a person does something that looks like a crime — yet
the law says they are NOT guilty. These are called General Exceptions (also called General
Defences). The simple reason is: no guilty mind (Mens Rea) = no crime. These exceptions apply
to the whole Pakistan Penal Code.

GROUP 1 — MISTAKE OF FACT (Sections 76 & 79)

Section 76 — Act Done Under a Mistake of Fact (Bound by Law)

If a person does something because he honestly believed — by a MISTAKE OF FACT (not a mistake
of law) — that the law required him to do it, he is NOT guilty.
The key word is 'good faith' — he must have genuinely believed he was following the law.

Example: A soldier is ordered by his officer to fire at a rioting mob. The soldier fires and someone is hurt.
The soldier is NOT guilty — he followed a lawful order in good faith.

Key Point: Obeying a lawful order in good faith = No crime.

Section 79 — Act Done Believing it is Justified by Law

If a person does something believing — by a MISTAKE OF FACT — that they were ALLOWED by
law to do it, they are not guilty. Again, only mistakes of FACT are covered, not mistakes of LAW.

Example: A policeman arrests the wrong person thinking he is the actual criminal. The policeman is NOT
guilty — he acted in good faith on a mistaken fact.

Key Point: Honest mistake of fact = No crime. Mistake of law = No excuse.

GROUP 2 — JUDICIAL ACTS (Sections 77 & 78)

Section 77 — Act of a Judge Acting Judicially

A judge who does something in the course of his judicial duty is NOT guilty of any offence, even if his
decision later turns out to be wrong. Judges are protected when they act within their power.

Example: A judge sentences an accused to 5 years in jail based on the evidence. Later a mistake is
found. The judge is NOT guilty — he acted in his judicial capacity.

Key Point: Judges are protected for decisions made while doing their official duty.

Section 78 — Act Done Under a Court Order

If someone does an act because a Court ordered them to do it, they are NOT guilty — even if the
order turns out to be wrong — as long as they acted in good faith and the court had the authority to
make that order.

Example: A bailiff seizes property under a court order. Later the order is found to be wrong. The bailiff is
NOT guilty — he just followed the court's order.

Key Point: Following a court order in good faith = No crime.

GROUP 3 — ACCIDENT (Section 80)

Section 80 — Accident During a Lawful Act

If a person is doing a LAWFUL act, in a LAWFUL way, with PROPER CARE, and an accident
happens that causes harm — they are NOT guilty. Three conditions must exist:
1. The act was lawful
2. It was done in a lawful manner
3. No criminal intention or negligence

Example: A woodcutter is chopping a tree carefully. The axe slips and accidentally injures a bystander.
The woodcutter is NOT guilty — it was a pure accident.

Key Point: Pure accident during a lawful act = No crime. Negligence = Still guilty.

GROUP 4 — NECESSITY (Section 81)

Section 81 — Act Done to Prevent Greater Harm

If a person causes some harm to prevent a BIGGER harm from happening — and there was no
criminal intent — they are NOT guilty. This is the 'lesser evil' rule.
The harm done must be less than the harm prevented.

Example: A ship captain throws some cargo into the sea during a storm to prevent the ship from sinking
and saving 50 lives. He is NOT guilty — he caused small harm to prevent a much bigger disaster.

Key Point: Causing small harm to prevent a BIGGER harm = No crime (if done in good faith).

GROUP 5 — CHILDREN (Sections 82 & 83)

Section 82 — Child Under 7 Years — Complete Protection

A child under 7 years of age CANNOT commit any offence under the law. They are fully protected
regardless of what they do. The law says a child that young cannot understand right from wrong.

Example: A 5-year-old accidentally sets fire to a neighbour's property. The child CANNOT be punished
— the law gives complete protection to children under 7.

Key Point: Child below 7 = ZERO criminal liability — always.

Section 83 — Child Between 7 and 12 — Partial Protection

A child above 7 but under 12 years is NOT guilty IF — at the time of the act — the child did not have
enough understanding to know the nature and consequences of what they were doing. If the child
DID understand, they can be held responsible.

Example: A 10-year-old picks up a rock and throws it at someone but had no idea it could cause serious
injury. If the court finds the child lacked understanding, the child is NOT guilty.

Key Point: Child 7-12 = Protected only IF they did not understand what they were doing.

GROUP 6 — UNSOUND MIND / INSANITY (Section 84)

Section 84 — Act of a Person of Unsound Mind

A person who — at the time of doing the act — was of UNSOUND MIND and could NOT understand:
(a) the nature of the act, OR
(b) that the act was wrong or against the law
— is NOT guilty. This is called the insanity defence. The unsoundness must exist AT THE TIME of
the act, not just generally.

Example: Adnan suffers from severe schizophrenia. During a psychotic episode he injures someone
without knowing what he was doing. Adnan is NOT guilty — he was of unsound mind at the time.

Key Point: Insanity at the TIME of the act = No crime. Must be proven by the accused.

GROUP 7 — INTOXICATION (Sections 85 & 86)

Section 85 — Intoxication Against One's Will

If a person was made drunk WITHOUT their knowledge or AGAINST their will — and because of that
intoxication they could not understand what they were doing — they are NOT guilty. This only applies
when intoxication was FORCED on them.

Example: Someone secretly puts drugs in Bilal's drink at a party. Bilal, without knowing, becomes
unconscious and in that state harms someone. Bilal is NOT guilty — he was intoxicated without his
knowledge.

Key Point: Forced/involuntary intoxication = No crime. Voluntary drinking = No excuse.

Section 86 — Voluntary Intoxication — Intention Still Counts

If someone VOLUNTARILY gets drunk and commits a crime, they are still responsible. But if the
offence requires a specific 'knowledge' or 'intent' — and intoxication removed that knowledge — they
may be punished for a lesser offence instead.

Example: Zain voluntarily drinks alcohol and in a drunken state beats someone. Zain CANNOT use
intoxication as a defence — he chose to drink. He will be punished as if he had the same knowledge as
when he was sober.

Key Point: Choosing to get drunk = No defence. You are responsible for what you do while
drunk.

GROUP 8 — CONSENT (Sections 87, 88, 89, 90, 91)

Section 87 — Consent to Risk of Harm (Not Death/Grievous Hurt)

If a person consents to an act that may cause harm — but not death or serious injury — the person
doing the act is NOT guilty. The person must have voluntarily agreed to take the risk. This covers
sports like boxing, cricket, wrestling etc.

Example: Two men agree to box each other. One gets a bruise. The other is NOT guilty of causing hurt
— the injured person had consented to the risk.

Key Point: Consent to risk of minor harm = No crime. Cannot consent to risk of death.

Section 88 — Doctor's Act in Good Faith With Consent

If a doctor does something for the BENEFIT of a patient, in GOOD FAITH, with the patient's
CONSENT — the doctor is NOT guilty even if some harm results, as long as the act was not intended
to cause death.

Example: A surgeon operates on a patient with the patient's consent. The operation goes slightly wrong
and the patient suffers extra pain. The surgeon is NOT guilty — he acted in good faith for the patient's
benefit.

Key Point: Doctor + Good faith + Consent + For patient's benefit = No crime.

Section 89 — Act for Benefit of Child or Insane Person (Guardian's Consent)

A person who does something for the benefit of a child or an insane person — in good faith — with
the consent of the guardian — is NOT guilty, even if some harm results. The act must not be intended
to cause death.

Example: A doctor performs a necessary operation on a 10-year-old with the parents' consent. The child
suffers pain but recovers. The doctor is NOT guilty.

Key Point: Guardian's consent + Good faith + For the child's/patient's benefit = No crime.
Section 90 — What is NOT Valid Consent

Consent is NOT valid if it was given:

• Under FEAR or THREAT
• Under a MISCONCEPTION (wrong belief about facts)
• By an INSANE person who cannot understand what they are agreeing to
• By a CHILD under 12 years old
If consent was obtained by fear or deception — it does not count as consent.

Example: Raza threatens Maria saying 'Sign this paper or I'll hurt you.' Maria signs. This is NOT valid
consent — it was given under fear.

Key Point: Consent under fear, deception, or by insane/child = Not real consent = Still a
crime.

Section 91 — When Consent Does NOT Help

If an act is ALREADY an offence on its own — independent of whether harm was caused — then
consent does NOT make it legal. Consent only applies where the harm is the only thing that makes
the act an offence.

Example: Two people agree to commit a crime together. The fact that they both consented does NOT
make the crime legal — it is still an offence.

Key Point: If the act is illegal by itself, consent cannot make it legal.

GROUP 9 — GOOD FAITH & COMPULSION (Sections 92, 93, 94)

Section 92 — Act Done in Good Faith for Another's Benefit (No Consent Possible)

When a person acts in GOOD FAITH for the benefit of another — and it is IMPOSSIBLE to get that
person's consent (e.g., they are unconscious) — the person is NOT guilty, even if some harm results.
The act must not be intended to cause death.

Example: A man finds an unconscious accident victim and performs first aid — causing a small injury in
the process. He is NOT guilty — he acted in good faith when consent was impossible to get.

Key Point: Good faith + No chance to get consent + For someone's benefit = No crime.
Section 93 — Communication Made in Good Faith

If someone gives honest, true information to another person — even if that information causes harm
or distress to the receiver — they are NOT guilty, as long as the communication was made in good
faith and for the person's benefit.

Example: A doctor honestly tells a patient: 'Your cancer is at a very late stage.' The patient dies of shock.
The doctor is NOT guilty — he communicated truthfully and in good faith.

Key Point: True and honest communication in good faith = No crime, even if it causes
distress.

Section 94 — Act Done Under Threat / Compulsion

If a person commits an act because they were THREATENED with instant death — and a reasonable
person in that situation would have believed the threat was real — they are NOT guilty.
EXCEPTIONS: This does NOT apply to murder or offences against the state.

Example: Ali is held at gunpoint and forced to forge a signature or be killed. Ali forges the signature. Ali
is NOT guilty — he acted under threat of instant death.

Key Point: Forced to do something under threat of death = No crime. But NOT for murder.

GROUP 10 — TRIVIAL / MINOR ACTS (Section 95)

Section 95 — Act Causing Very Slight / Trivial Harm

If an act causes harm so MINOR and SMALL that no sensible person would complain about it — then
it is NOT an offence. The law does not punish extremely trivial acts. This is called the 'de minimis'
principle (very small harm is ignored).

Example: Hamid accidentally brushes against someone's shoulder while walking in a busy bazaar. This
is NOT an offence — the harm is too trivial for the law to care about.

Key Point: Very small / trivial harm that no reasonable person would mind = No crime.

GROUP 11 — RIGHT OF PRIVATE DEFENCE (Sections 96 – 106)

Section 96 — Things Done in Private Defence

Nothing is an offence which is done in the EXERCISE OF THE RIGHT OF PRIVATE DEFENCE. This
is the foundation section — it says you have a legal right to protect yourself and your property. If you
hurt or even kill an attacker in genuine self-defence, you are NOT guilty.

Example: Sara is attacked by a robber with a knife. She grabs a stick and hits him hard to escape. Sara
is NOT guilty — she exercised her right of private defence.

Key Point: Genuine self-defence = Legal right. You are NOT a criminal for defending
yourself.

Section 97 — Right to Defend Body AND Property

Every person has the right to defend:

(a) Their own BODY and the body of any other person against any offence
(b) Their own PROPERTY and the property of any other person against theft, robbery, mischief, or
trespass

Example: Hassan sees a thief stealing his neighbour's car. Hassan grabs the thief. Hassan has the right
to defend his neighbour's property — not just his own.

Key Point: Right of private defence covers BOTH your body AND your property (and others'
too).

Section 98 — Right of Defence Against a Person of Unsound Mind

Even if the attacker is a child, an insane person, or someone acting under a mistake of fact — you
still have the right to defend yourself against them. The attacker's mental state does NOT remove
your right to defend yourself.

Example: A mentally ill man runs at Asad with a knife. Asad pushes him away hard, causing injury. Asad
is NOT guilty — he had the right to protect himself even though the attacker was mentally ill.

Key Point: Your right to defend yourself exists even if the attacker is insane or a child.
Section 99 — When There is NO Right of Private Defence

You do NOT have the right of private defence when:

1. The act is done by a PUBLIC SERVANT acting in good faith
2. There is enough TIME to go to the police or authorities for help
3. The harm you cause is MORE than necessary for defence
The right of private defence is only for protection — NOT for revenge.

Example: A policeman arrests someone (even roughly). The arrested person CANNOT attack the
policeman saying it was self-defence — the policeman was acting officially.

Key Point: No right of private defence against public servants doing their duty.

Section 100 — When Private Defence of BODY Can Extend to Causing DEATH

You can cause the DEATH of your attacker in self-defence ONLY if you reasonably feared any of
these:
1. Death
2. Grievous hurt
3. Rape
4. Kidnapping
5. Unnatural lust
6. Wrongful confinement where you cannot reach police

Example: A man breaks into Sana's house at night and tries to rape her. She grabs a knife and kills him.
Sana is NOT guilty — she had the right to cause death to prevent rape.

Key Point: Can only KILL in self-defence if you faced threat of death, grievous hurt, rape, or
kidnapping.

Section 101 — Private Defence of Body — Causing Harm (Not Death)

If the attack does NOT fall under the situations listed in Section 100 — you can still defend yourself,
but only up to causing HARM, not death. The force used must match the level of threat.

Example: Someone slaps Tariq in a fight. Tariq pushes back hard and the attacker falls and gets hurt.
Tariq is NOT guilty — he used reasonable force in defence.

Key Point: Lesser threat = You can cause harm but NOT death in self-defence.
Section 102 — When Does the Right of Body Defence Begin and End?

The right of private defence of the BODY begins as soon as there is a REASONABLE threat of attack
— even before the attack actually happens — and it continues as long as the danger lasts. Once the
danger is gone, the right ends.

Example: Imran sees a man running at him with an iron rod raised to strike. Imran does not have to wait
to be hit — he can act in self-defence as soon as the threat is clear.

Key Point: Right of defence starts when threat is CLEAR — you don't have to wait to be hit
first.

Section 103 — When Private Defence of PROPERTY Can Extend to Causing DEATH

You can cause DEATH to defend your property ONLY in these four situations:
1. Robbery
2. House-breaking at night (house trespass)
3. Fire set to a house, tent, or vessel
4. Theft or mischief that could cause death

Example: A burglar breaks into Rashid's house at midnight. Rashid grabs a heavy object and kills the
burglar in the struggle. Rashid is NOT guilty — house-breaking at night gives the right to cause death in
defence of property.

Key Point: Can only KILL to protect property in cases of: robbery, night house-breaking,
arson.

Section 104 — Property Defence — Causing Harm (Not Death)

For all other offences against property that are NOT listed in Section 103 — you can defend your
property using FORCE, but only enough to stop the harm. You CANNOT cause death for minor
property offences.

Example: Someone tries to steal Kamran's phone. Kamran grabs the person and wrestles with him.
Kamran is NOT guilty of assault — but he cannot kill the phone snatcher.

Key Point: Small property crime = You can use force but NOT deadly force.
 Section 105 — When Does the Right of Property Defence Begin and End?

The right of private defence of property begins when there is a REASONABLE apprehension of
danger to property and continues:
• For theft — until the thief escapes or police assistance is reached
• For robbery — as long as the robber causes death or hurt
• For night house-breaking — as long as it continues

Example: A thief runs away with Nadia's bag. Nadia can chase him and use force to recover it — but
once he escapes safely and the danger is over, the right ends.

Key Point: Right of property defence continues while the danger is active — ends when
danger passes.

Section 106 — Private Defence When Innocent Person May Be Harmed

If you are defending yourself against a deadly attack — and you CANNOT protect yourself without
risk of harming an innocent bystander — you still have the right to act in self-defence, even if the
innocent person gets hurt.

Example: A mob attacks Ahmed and tries to murder him. Ahmed fires to defend himself but a child
standing nearby gets hurt. Ahmed is NOT guilty — he had no other choice and acted to save his own
life.

Key Point: If no other option exists, harming an innocent bystander during self-defence = No
crime.

Quick Reference Summary — All Sections

Section Topic Simple Rule

76 Bound by law (mistake of fact) Obeying law in good faith = No crime

77 Judge acting judicially Judge protected for official decisions

78 Following court order Obeying court order in good faith = No crime

79 Justified by law (mistake of fact) Honest mistake of fact = No crime

80 Accident in lawful act Pure accident without negligence = No crime

81 Necessity — lesser evil Small harm to prevent bigger harm = No crime

82 Child under 7 years Complete protection — no crime ever

83 Child 7–12 years Protected if child lacked understanding

84 Insanity / Unsound mind Did not know act was wrong = No crime

85 Forced intoxication Drunk against will = No crime

86 Voluntary intoxication Chose to drink = Still responsible

87 Consent to risk (minor harm) Agreed to risk = No crime (sports etc.)

88 Doctor with patient consent Good faith + Consent + Benefit = No crime

89 Guardian's consent (child/insane) Guardian's consent in good faith = No crime

90 Invalid consent Fear/deception/child/insane = Not real consent

91 Consent cannot legalise crime If already illegal, consent doesn't help

92 Good faith, no consent possible No time to ask = Act in good faith = No crime

93 Good faith communication Honest information in good faith = No crime

94 Act under threat of death Forced under death threat = No crime (not murder)

95 Trivial / very minor harm Too small to matter = No crime

96 Private defence — general Self-defence is a legal right

97 Defend body AND property Both your body and property can be defended

98 Attacker is insane/child Still have right to defend yourself

99 Limits of private defence No excess force; no defence vs. officials

100 Body defence — can cause death Death/rape/kidnap threat = Can kill attacker

101 Body defence — lesser harm Lesser threat = Can harm but not kill

102 When body defence begins/ends Starts when threat is clear; ends when safe

Property defence — can cause

103 Robbery/night break-in/arson = Can kill
death

104 Property defence — lesser harm Minor property crime = Force but not death

When property defence

105 Active danger = Right exists; danger gone = ends
begins/ends

106 Innocent bystander risk No other option = Bystander harm allowed

6 Golden Rules to Remember

1. General Exceptions = Situations where NO punishment is given even if something wrong

happened

2. The KEY reason is: NO guilty mind (Mens Rea) = No crime

3. Mistake of FACT is an excuse. Mistake of LAW is NEVER an excuse

4. Voluntary intoxication is NEVER a defence. Forced intoxication IS a defence

5. Private defence is a RIGHT — but force used must match the level of threat
6. You can only KILL in self-defence if you faced: death, grievous hurt, rape, or kidnapping

Pakistan Penal Code 1860 • Chapter IV: General Exceptions • Sections 76–106