Judicial Dictionary - G
Judicial Dictionary
Legislative Dictionary
General Exception
| Category | G |
|---|---|
| Title | General Exception |
| Details | Exceptions which are common to all the penal clauses of the Penal Code, or to a great variety of clauses dispersed over many chapters are known as general exceptions. They have been placed in Chapter IV of the Penal Code spread over ss. 76 to 106. This chapter has been framed to obviate the necessity of repeating in every penal clause a considerable number of limitations. A series of provisions which must be read by into every subsequent substantive portion of the Code and point out how acts or omissions which in terms come within the definition of an offence are in substance excepted there from as being either justifiable or exempt from punishment. Such are acts by persons mentally or physically incapable of any crimes or of certain crimes mistakes of fact which exclude criminal intention, exercise of public or private rights or duties against any criminal proceeding for consequent death or injury. [Steph. Dig. Cr. Law, 6th Ed., 20-29]The burden of proving the existence of circumstances bringing the case within a General Exception lies on the accused. [Safdar Ali vs. Crown, 5DLR 107(FC)] See also, Section 105 of the Evidence Act, 1872 |
| Created On | April 23, 2011, 9:34 AM |
| Hits | 804 |