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Factors Negativing Liability: Insanity, Necessity & Private Defense

General Exceptions under BNS Chapter III completely negative mens rea, acting as justifications or excuses to absolve criminal liability.

1. Key General Exceptions

  • Minority (BNS Section 20/21): Absolute immunity for children under 7 (*Doli incapax*); qualified immunity for children between 7 and 12 depending on maturity.
  • Necessity (BNS Section 23): Committing a lesser harm in good faith to prevent a greater harm (e.g., pulling down a burning house to prevent the fire from spreading).
  • Insanity (BNS Section 22):
    • An act committed by a person of unsound mind is not an offense if they cannot know the nature of the act.
    • Legal vs. Medical Insanity: The law only excuses *legal insanity* (cognitive inability to distinguish right from wrong under the *McNaughten rules*) and not mere psychiatric medical insanity.

2. The Right of Private Defense (BNS Sections 34-44)

Every citizen has the legal right to defend their own body/property, and the body/property of another, against unlawful aggression.
Limits on Private Defense:

  • No more harm must be inflicted than is reasonably necessary.
  • No right of private defense exists when there is reasonable time to seek help from public authorities.