Punishments & General Exceptions — KSLU Bns Notes
Punishments & General Exceptions
Punishments (S.4) under the BNS are: death; imprisonment for life; imprisonment (rigorous or simple); forfeiture of property; fine; and — a notable innovation — community service for petty offences. The General Exceptions (Ss.14–44) are circumstances that negate liability even though the act would otherwise be an offence; the burden of proving an exception lies on the accused (S.108, BSA).
| Exception | Section | Core idea |
|---|---|---|
| Mistake of fact | S.14, S.17 | Act done by one bound/justified by law, or believing in good faith he is so bound |
| Accident | S.18 | Lawful act, lawful manner, lawful means, with proper care — no criminal intent |
| Necessity | S.19 | Act done in good faith to avoid a greater harm (no defence to murder of an innocent) |
| Infancy | Ss.20–21 | Nothing is an offence by a child under 7 (absolute); 7–12 if immature understanding |
| Insanity | S.22 | Unsoundness of mind: incapable of knowing the nature of the act / that it is wrong (M’Naghten) |
| Intoxication | Ss.23–24 | Involuntary intoxication excuses; voluntary does not, save on specific intent |
| Consent | Ss.25–29 | Harm with consent (limits: not to death/grievous hurt save exceptions) |
| Private defence | Ss.34–44 | Right to defend body and property, within the limits of proportionality |