548 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Any person = Any person of whatever age so that the definition as given in the section would make even a child
1 year old guilty. But the Penal Code recognises that a child below 7 has no mens rea = criminal mind which is the essence of the offence. To exempt children from the liability of an offence it would be necessary to say whoever above 7 years etc., in every section of the Indian Penal Code.
(1) Whoever takes any property belonging to another from his possession without his consent—378.
(2) Whoever wrongfully confines—342.
(3) Whoever enters into or upon property in the possession of another—441.
(4) Whoever assaults or uses criminal force—352.
It is obvious that under these definitions a Bailiff who acted under the order of his superiors in levying the attachment would be guilty of theft /378 and criminal trespass /441. Similarly a police officer who arrested a person in the discharge of his duty would be guilty of assault /353 and wrongful confinement /342.
That was not the intention of the framers of the Penal Code. It recognizes the necessity of exempting Public Servants from the penal consequences of their acts done in discharge of their duty. To exempt public servants from the scope of the definitions of offences it would be necessary to say in each one of these sections “Whoever not being a public servant in the discharge of his duty”.
Instead of repeating these limiting words in so many different sections to which they are common the Penal Code has grouped them together in Chapter IV which is called General Exceptions and which cover sections 76 to 106.
There are also limiting clauses which apply to some specific offence as defined in the Penal Code.
Illus—
Section 499. Defamation.
Definition is so wide that there are ten Exceptions.
The necessity of 9th Exception—protection of interest Such Exceptions are special Exceptions as distinguished from General Exceptions.