CHAPTER III OF BNS - LEGAL DEFENCES

The law recognizes that not every harmful act is committed with criminal intent. Sometimes, circumstances, a lack of mental capacity, or the need for self-preservation make an act excusable or justified. In this video, we provide an exhaustive guide to Chapter III of the Bharatiya Nyaya Sanhita (BNS) 2023 (formerly the General Exceptions of the IPC). Understanding these exceptions is crucial for law students, legal practitioners, and citizens alike, as they form the backbone of a fair criminal justice system. We break down the complicated legal language into clear, relatable categories. Key Categories Explored: Mistake of Fact (Sections 14 & 17): Learn the difference between a mistake of law (no excuse) and a mistake of fact (a valid defense). Judicial Acts & Orders (Sections 15 & 16): Protection for judges and officers of the court acting in good faith. Accident & Necessity (Sections 18 & 19): When a lawful act goes wrong by misfortune, or when a "lesser evil" is chosen to prevent a greater harm (The Doctrine of Necessity). Incapacity Defences: Infancy (Sections 20 & 21): The concepts of Doli Incapax (under 7 years) and the "Immature Understanding" of children aged 7–12. Insanity (Section 22): The legal test for unsoundness of mind at the time of the act. Intoxication (Sections 23 & 24): Why voluntary drunkenness is rarely a defense, but involuntary intoxication is. Consent & Communication (Sections 25–31): From sports injuries to surgical operations—when does "harm by consent" stop being a crime? Duress & Trifle Acts (Sections 32 & 33): Acts done under threat of instant death and the rule that "the law does not care for small trifles." The Right of Private Defence (Sections 34–44): A deep dive into your right to protect your body and property. We explain when this right extends to causing death and the strict limitations on the "amount of harm" you can inflict. What makes a defense valid? The recurring theme throughout these exceptions is Good Faith. We explain how the courts interpret "due care and attention" and why "criminal intention" is the deciding factor in every case.