General Defenses in the Pakistan Penal Code
Discuss in detail, the general defenses in the Pakistan Penal Code.
Introduction
A lot of crimes are being committed all over Pakistan daily. It is difficult to apply general defences to a specific crime because there are several defences for different crimes. In case of a criminal violation, there are two parties’ the state and the accused. The state is the person whose rights have been violated and who goes to court seeking a remedy. On the other hand, the accused is a person who has violated the rights of the other person. In general defence, the person who commits wrong is he wrongdoer and is liable for the criminal breach
Definition of general defense
In criminal proceedings, the court, the denial of the injured person’s claim by the accused is called general defence in criminal law
General Defenses
Following are the general defences in criminal law. Details are being given under
Minority
Under the Pakistan Penal Code, such an act is an offence but it has been performed by a child who is under seven years of age; because the child under seven years of age cannot differentiate between right and wrong that’s why he is incapable of performing an offence. And this is a very valid defence in criminal law
Insanity
Under the Pakistan Penal Code, Such an act is an offence but it has been performed by a person who is insane or unsound mind because the person who is insane cannot
differentiate between right and wrong. That's why he is incapable of performing an offense and he does not know the reaction of his act. And this is a very valid defence in criminal law
Insanity by drunkenness
If the insanity is brought by drunkenness, because it is due to voluntary intoxication, it is not a valid defence to criminal liability
Medical Insanity
If a person is medically insane and cannot differentiate between right and wrong. It is a valid defence against criminal liability
Intoxication
Under the Pakistan Penal Code, such an act is an offence but it has been performed by a person who had drunk because the person who had drunk cannot differentiate between right and wrong. That's why it is a very valid defence against criminal offences.
Voluntary intoxication
An accused who had drunk voluntarily is not a defence in criminal liability for a crime
Involuntary intoxication
An accused who had drunk involuntarily is a very good defence in criminal liability to a crime because he has been drunk by a fraud
Mistake of fact
In a mistake, the accused will have to prove that the wrong done was performed mistakenly. This is not a very valid defence because it is very hard to prove that a wrong done which has been committed by the accused purely based on a mistake. It will be considered a mistake when the genuinely accused does not know the reaction to his action and such an act becomes the reason for injury to another person
Non-existence of Mens rea
If a person has committed an act which is an offence but he did it unintentionally, it is a valid defence
Existence of Mens rea
If a person has committed an act which is an offence but he did it intentionally, it is not a valid defence for criminal liability to crime
Consent
In very limited situations an accused can claim that the victim consented to the accused’s act
For example, you are a spectator of a cricket match, the batsman hits a six, and the ball lands on your head, but you cannot claim compensation either from the stadium authorities or the batsman because when you took a seat in the stadium, you accepted the risks while sitting in the stadium. Because the wrongdoer can prove that the injured person voluntarily put himself in that situation.
Consent taken by undue influence
If the consent has been taken by the accused by using unfair means or by putting undue pressure, such kind of consent is not a valid defence to criminal liability
Consent taken by undue influence
If the consent has been taken by the accused by using unfair means or by fraud, such kind of consent is not a valid defence to criminal liability
Private defense
Under the Pakistan Penal Code, private defence is a valid defence. Because every individual has the right to protect his life and his property from the accused and during this protection he can use a certain amount of force if necessary. The criminal law recognizes this right and any injury which is caused by the personal protection will not give rise to legal remedy
Types of private defence
Private defence is of two types
- Private defence of a person
- Private defence of property
Inevitable accident
When an injury is caused to a person by an accident which can’t be avoided even with reasonable care
For example, if a person is accidently injured and something happens that accident can’t be avoided even with reasonable care. After all, how can an injured person blame someone else for this accident?
Necessity and compulsion
In necessity, the accused will have to show that the act he did was necessary under a certain situation. If the accused succeeds in proving his necessity in this case, the accused will not be sued by the victim and that is a valid defence.
For example, if an accused enters into your private land to collect water from your well to put out a fire in his house. The level of necessity should be very high. If damage is caused to avoid greater damage, it becomes a good defence
Conclusion
An action which has been performed under lawful provision has not been sued by the victim in any court of law. The criminal law has defined those circumstances where criminal acts are justifiable and excusable. Also, the criminal law does not permit anyone to perform unreasonable acts under the statutory provision or by the general defence because such kind of act will be considered a criminal offence