Shielding Justice: A Comprehensive Analysis Of The General Exceptions Under The Bharatiya Nyaya Sanhita, 2023
- IJLLR Journal
- May 17
- 1 min read
Anupal Goswami, Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur
ABSTRACT
Chapter III of the Bhartiya Nyaya Sanhita, 2023 (Sections 14 to 44) introduces comprehensive general exceptions that delineate circumstances where individuals may be exempted from criminal liability. Rooted in the cardinal legal maxim “Actus non facit reum nisi mens sit rea” (an act does not make one guilty unless the mind is also guilty), these provisions reflect a balanced approach between legal responsibility and moral culpability. This study provides a section-wise analysis of the exceptions, covering instances such as mistake of fact, judicial acts, accident, necessity, mental incapacity, intoxication, consent, trivial harm, and the right to private defense. A recurring theme is the emphasis on good faith, absence of mens rea, and proportionality in response. The BNS not only builds upon the foundational framework of the Indian Penal Code but also incorporates contemporary judicial reasoning and practical realities. By aligning with societal values and judicial interpretations, the provisions aim to ensure fairness and prevent misuse of criminal law, marking a significant evolution in India’s criminal jurisprudence.
Keywords: Bhartiya Nyaya Sanhita (BNS), 2023, Criminal Liability, Mens Rea, General Exceptions, Actus Reus, Good faith, Mistake of fact, Right to Private defense, Necessity in Criminal law, Legal unsoundness, Reasonable Apprehension, Burden of proof
