General exceptions & private defence - BNS §§ 14-44 vs IPC.
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Summary
General exceptions and private defence tell you when an act is not an offence - mistake of fact, accident, infancy, unsoundness of mind, consent, compulsion, and the right of private defence of body and property.
BNS keeps the IPC structure almost section-for-section, with renumbering. For day-to-day work, treat this as continuity: the same defences, in a cleaner order, under new numbers. Always re-check the exact BNS section before pleading.
Headlines in this topic
- BNS 30 (IPC 92): New section consolidating IPC 92; adds proviso excluding intentional death/knowledge of likely death.
What changed
Only real differences. The IPC column already shows the corresponding old section.
| BNS | IPC | Title | What changed |
|---|---|---|---|
| 30 | IPC 92 | Act done in good faith for benefit of a person without consent | New section consolidating IPC 92; adds proviso excluding intentional death/knowledge of likely death. |
| 32 | IPC 94 | Act to which a person is compelled by threats | Minor punctuation and formatting updates only. |
| 35 | IPC 97 | Right of private defence of body and of property | Updates restriction reference from section 99 to section 37. |
| 36 | IPC 98 | Right of private defence against act of a person of unsound mind, etc | Updates illustration (a) phrasing from “madness” to “unsound mind”. |
| 37 | IPC 99 | Acts against which there is no right of private defence | Restructures into numbered clauses (a)-(c) for clarity. |
| 39 | IPC 101 | When such right extends to causing any harm other than death | Reference to restrictions updated to section 37. |
| 41 | IPC 103 | When right of private defence of property extends to causing death | “house-breaking by night” replaced by “after sunset and before sunrise”. |
| 42 | IPC 104 | When such right extends to causing any harm other than death | Reference to restrictions updated to section 37. |
Renumbered only
Same idea as the IPC - number map only.
| BNS | IPC | Title | Note |
|---|---|---|---|
| 14 | IPC 76 | Act done by a person bound, or by mistake of fact believing himself bound, by law | Same substance as IPC. |
| 15 | IPC 77 | Act of Judge when acting judicially | Same substance as IPC. |
| 16 | IPC 78 | Act done pursuant to judgment or order of Court | Same substance as IPC. |
| 17 | IPC 79 | Act done by a person justified, or by mistake of fact believing himself justified,… | Same substance as IPC. |
| 18 | IPC 80 | Accident in doing a lawful act | Same substance as IPC. |
| 19 | IPC 81 | Act likely to cause harm, but done without criminal intent, and to prevent other harm | Same substance as IPC. |
| 20 | IPC 82 | Act of a child under seven years of age | Same substance as IPC. |
| 21 | IPC 83 | Act of a child above seven and under twelve years of age of immature understanding | Same substance as IPC. |
| 22 | IPC 84 | Act of a person of unsound mind | Same substance as IPC. |
| 23 | IPC 85 | Act of a person incapable of judgment by reason of intoxication caused against his… | Same substance as IPC. |
| 24 | IPC 86 | Offence requiring a particular intent or knowledge committed by one who is intoxic… | Same substance as IPC. |
| 25 | IPC 87 | Act not intended and not known to be likely to cause death or grievous hurt, done … | Same substance as IPC. |
| 26 | IPC 88 | Act not intended to cause death, done by consent in good faith for person’s benefit | Same substance as IPC. |
| 27 | IPC 89 | Act done in good faith for benefit of child or person of unsound mind, by, or by c… | Same substance as IPC. |
| 28 | IPC 90 | Consent known to be given under fear or misconception | Same substance as IPC. |
| 29 | IPC 91 | Exclusion of acts which are offences independently of harm caused | Same substance as IPC. |
| 31 | IPC 93 | Communication made in good faith | Same substance as IPC. |
| 33 | IPC 95 | Act causing slight harm | Same substance as IPC. |
| 34 | IPC 96 | Things done in private defence | Same substance as IPC. |
| 38 | IPC 100 | When right of private defence of body extends to causing death | Same substance as IPC. |
| 40 | IPC 102 | Commencement and continuance of right of private defence of body | Same substance as IPC. |
| 43 | IPC 105 | Commencement and continuance of right of private defence of property | Same substance as IPC. |
| 44 | IPC 106 | Right of private defence against deadly assault when there is risk of harm to inno… | Same substance as IPC. |
Series (by topic)
- Preliminary & punishments (§§ 1-13)
- General exceptions & private defence (§§ 14-44)
- Abetment, conspiracy & attempt (§§ 45-62)
- Offences against woman & child (§§ 63-99)
- Homicide, negligence & organised crime (§§ 100-113)
- Hurt, force, kidnapping & trafficking (§§ 114-146)
- State, forces, elections & currency (§§ 147-188)
- Public order, servants & contempt (§§ 189-226)
- False evidence & public justice (§§ 227-269)
- Public health, safety, morals & religion (§§ 270-302)
- Offences against property (§§ 303-334)
- Documents, intimidation, defamation & repeal (§§ 335-358)