Riyan Karbhari, O.P. Jindal Global University
ABSTRACT
Sir James Stephen said, “the Penal Code is simply the law of England freed from technicalities, and systematically arranged according to principles of arrangement so simple and obvious that they cannot fail to suggest themselves to anyone who considers the subject.” The Indian Penal Code,1860 (IPC) categorises different types of acts as different types of crimes. Each crime is punished differently depending on the seriousness and intensity of the act committed. However, Section 61 of the IPC, 1860 mentions that each article is supposed to be read with certain exceptions and hence provides for certain defences that can be used to justify or excuse the act committed. This research paper is a critical analysis of the defences available under the IPC, 1860 that can be used by the accused. The article begins with a brief differentiation between a justification and an excuse that can be used as a defence. As the paper progress, it talks about the the defences that are available under the IPC, 1860 their history, applicability and some landmark cases wherein the defence was used successfully or unsuccessfully. The major defences which are available under the IPC, 1860 include infancy, insanity, mistake, necessity, private defence and trifles.
