Chapter IV of the Pakistan Penal Code, 1860 sets out the General Exceptions: circumstances in which an act that would otherwise be an offence is not an offence. They apply throughout the Code, so they are a favourite in judicial and legal service examinations.

Mistake of fact (Sections 76 and 79)

Nothing is an offence if it is done by a person who is bound by law to do it, or who is justified by law in doing it, or who in good faith believes they are, by reason of a mistake of fact. A mistake of law is not an excuse.

Judicial acts (Sections 77 and 78)

A judge acting judicially, and a person acting under a judgment or order of a court, are protected when acting in good faith within the powers given by law.

Accident (Section 80)

An act done by accident or misfortune, without criminal intention or knowledge, while doing a lawful act in a lawful manner with proper care and caution, is not an offence.

Necessity (Section 81)

An act done with knowledge that it is likely to cause harm, but in good faith and without criminal intention, to prevent or avoid other harm to person or property, is not an offence.

Infancy (Sections 82 and 83)

• Section 82: nothing done by a child under seven years of age is an offence.
• Section 83: a child above seven and under twelve is protected if they had not reached sufficient maturity of understanding to judge the nature and consequences of the act.

Insanity (Section 84)

A person is not liable if, at the time of the act, unsoundness of mind made them incapable of knowing the nature of the act, or that it was wrong or contrary to law.

Intoxication (Sections 85 and 86)

Intoxication is a defence only when it was administered without the person's knowledge or against their will. A voluntarily intoxicated person is treated as having the same knowledge as if they were sober.

Consent (Sections 87–92)

These sections cover acts done with consent, or for a person's benefit in good faith, such as medical treatment, and set out their limits.

Right of private defence (Sections 96–106)

Every person has a right to defend their own body and property, and those of others, subject to the restrictions in Section 99. Sections 100 and 103 list when the right extends to causing death.

Exam tip: under Article 121 of the Qanun-e-Shahadat Order, 1984, the burden of proving that a case falls within a general exception lies on the accused.