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CS Executive · Jurisprudence, Interpretation and General Laws · Laws relating to Crime and its Procedure

Section 3(1) of the Bharatiya Nyaya Sanhita, 2023 provides that every definition of an offence is to be understood subject to the General Exceptions. Why does the definition of an offence not need to repeat that a child under seven years cannot commit it?

The General Exceptions are read into every definition of an offence, every penal provision and every illustration, even though they are not repeated. So a child under seven years is covered by the exception without each definition saying so.

  1. ABecause the definitions apply only to adults by a separate rule of procedure
  2. BBecause the exceptions in the Chapter on General Exceptions are read into every definition and penal provision even though not repeatedCorrect
  3. CBecause a child under seven years is liable only if a court specially directs
  4. DBecause the exceptions apply only to illustrations and not to the definitions

Explanation

Section 3(1) states that every definition, penal provision and illustration is understood subject to the General Exceptions though not repeated. Illustration (a) uses the child under seven years example. The option about court direction is wrong because the exception is automatic.

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