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Volume 4 Issue 4
July-August 2026
| Author(s) | Dr. Sangram Singh |
|---|---|
| Country | India |
| Abstract | General exceptions are crucial in criminal law as they specify the circumstances under which criminal culpability is negated, even when an act constitutes an offense. The Bharatiya Nyaya Sanhita, 2023 includes these exclusions in Chapter III, highlighting that criminal liability depends not only on the act but also on the presence of mens rea and the lack of a legally acknowledged defense. The principal exemptions include mistake of fact, judicial acts, accidents, necessity, activities executed in good faith, consent, acts by children and those of unsound mind, intoxication, and the right to private defense. This study meticulously analyzes the general exclusions specified in the Bharatiya Nyaya Sanhita, 2023, focusing on its scope, need, and judicial interpretation. The paper asserts that while general exceptions are crucial for averting unjust punishment, judicial interpretation is equally important for administering criminal justice with fairness and predictability. |
| Keywords | General Exceptions, Bharatiya Nyaya Sanhita 2023, Criminal Liability, Criminal Defences, Mens Rea, Criminal Justice. |
| Discipline | Other |
| Published In | Volume 4, Issue 4, July-August 2026 |
| Published On | 2026-08-04 |

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