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Exceptions which are common to all the penal clauses of the Penal Code, or
to a great variety of clauses dispersed over many chapters are known as
general exceptions. They have been placed in Chapter IV of the Penal Code
spread over ss. 76 to 106. This chapter has been framed to obviate the
necessity of repeating in every penal clause a considerable number of
limitations.
A series of provisions which must be read by into every subsequent
substantive portion of the Code and point out how acts or omissions which
in terms come within the definition of an offence are in substance excepted
there from as being either justifiable or exempt from punishment. Such are
acts by persons mentally or physically incapable of any crimes or of
certain crimes mistakes of fact which exclude criminal intention, exercise
of public or private rights or duties against any criminal proceeding for
consequent death or injury. ….. [Steph. Dig. Cr. Law, 6th Ed., 20-29]
The burden of proving the existence of circumstances bringing the case
within a General Exception lies on the accused. ….. [Safdar Ali vs.
Crown, 5DLR 107(FC)]
See also, Section 105 of the Evidence Act, 1872
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