INTRODUCTION

Contract law was the first Business law to emerge as trade and commerce developed. Refining the contract law of Britain, British India got its Indian Contract Act, 1872. With this as a foundation, specialized laws have developed over time in India. The process of contract involves offer, acceptance, consideration but more importantly with the meeting of minds. Both the parties to a contract need to be on the same page for it to be legitimate. If no, the parties have been mistaken about the aspect of the contract. There are various reasons and scenarios where such a “mistake” would arise. Here cases of mistake would be based on law, facts, etc. There are similar provisions of this mistaken part of the Indian Contract Act, 1872 in the Indian Penal Code, 1860. In the penal code mistake is criminal defense. The act proves efficient if one wants to seek remedy for an unjust contract.

ANALYSIS

With the development of trade and commerce, Contract law was the first Business law to emerge. British India, in order to facilitate the same, borrowed the contract law of Britain and improved upon it. Refining it, British India got its Indian Contract Act, 1872. As a common law system, the principles were laid down by the British Courts. With Contract law as general law and foundation, specialized laws have developed over time in India.
The process of contract involves offer, acceptance, consideration but more importantly with the meeting of minds. Both the parties to a contract need to be on the same page for it to be legitimate. If no, the parties have been mistaken about the aspect of the contract. There are various reasons and scenarios where such “mistake” would arise.’
The concept of mistake is mentioned in Chapter II of the Indian Contract Act, which deals with voidable contracts and voidable agreements. Consent is defined in the Act as where two people agree upon the same thing. Whereas “free consent’’ would be where the said consent is not influenced by any factor or caused by coercion, undue influence, fraud, misrepresentation, a mistake. So, a mistake would generally be an exception to free consent in a contract. It is further explicitly mentioned in Sections 20, 21, and 22.
Agreement void where both parties are under mistake as to the matter of fact— Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void.
Explanation —An erroneous opinion as to the value of the thing which forms the subject-matter of the agreement is not to be deemed a mistake as to a matter of fact.”
“As to matter of fact” here would signify that the parties to the case have consent but a subject matter/ fact has misled them or they weren’t aware of it.
For example, A agrees to buy a Persian kitten from B. It later turns out that the kitten was dead at the time of the agreement talks and neither of the party was aware of the fact.
Therefore, the agreement is void.
Effect of mistakes as to law—A contract is not voidable because it was caused by a mistake as to any law in force in India, but a mistake as to a law not in force in India has the same effect as a mistake of fact.
Illustration
A and B make a contract grounded on the erroneous belief that a particular debt is barred by the Indian Law of Limitation; the contract is not voidable.
Here, it is emphasized that — mistake as to the law, pertaining to India or outside India does not make it voidable. Mistake as to fact would be considered, not mistake that regards to the law.
Contract caused by the mistake of one party as to the matter of fact—A contract is not voidable merely because it was caused by one of the parties to it being under a mistake as to a matter of fact.
This section deals with a scenario where only one party is mistaken. The contract does not become voidable if only one party is at a misapprehension of the facts of the contract.
There are similar provisions of this mistaken part of the Indian Contract Act, 1872 in the Indian Penal Code, 1860. Here mistake is criminal defense. In certain instances, a criminal gets a defense that he/she had no intention of the crime and the act had happened was due to mistake of facts around the crime or there was a mistake at point of law. Sections 76 and 79 of Chapter-IV of the Indian Penal Code, 1860 has general defenses when a crime is committed and in sections 76 and 79 there’s a description of the provisions related to “Mistake of Fact” & “Mistake of Law”. “Mistake of Fact” as in when the defendant misinterpreted some essential facts, that defeats the whole commission of the crime. “Mistake of Law” where the defendant was not aware of the law or misunderstood it. However, the second case is very limited, only to certain rare instances.
After looking into the provisions provided for in cases of mistake in the Indian Contract Act, it is clear that it arises in two situations. First being consent and second, being the purpose of the contract. While looking at the facts that need to be furnished, it is also necessary to consider only the essential ones, that would be with regards to the very nature of the contract, identity of the parties, and the nature of the subject matter.
Further categorizing the types of mistakes that could occur during a contract with the existing act, would be Identity
There would be a mistake to identify when one of the parties presents to be some other person, then who that person actually is. An example of such a case would be where the person assumes a false name, by business takeovers, different identities by fraud, etc. The significance
of identity to the offeror will change according to the nature of promise in different cases.

Subject-matter

It is essential to have a valid subject- matter. Further looking into the categories of the subject-matter, it could be its existence. It would become void if the subject matter doesn’t exist whilst the contract being made. Other instances would be where one of the parties could be at error as to the title and ownership of the subject matter, or the parties have different subject-matter in their minds, even the substance of it, being nature, quality, or quantity.

Mistake on part of the law

As Section 21 of the Act clearly states that a mistake on part of the law would not make it voidable, this would not be a valid limitation to the contract.

Mistake on the premise of facts

Section 20 of the Act mentions if essential facts of the contract were interpreted as an error, then it becomes voidable. This could further be considered unilateral and bilateral, i.e., one of the parties and both the parties. But section 22 mentions it is not voidable in case of one party was at the mistake of the fact of the contract. In the case of mutual mistake, with regards to facts, it becomes voidable.

JUDICIAL PRONOUNCEMENTS

These concepts and essentials can be best understood with cases that have in fact had these mistaken points of contracts as issues in them.

Gallaway vs. Gallaway
This was a case of both the parties were under the mistake that they were married. The two of them agreed to separate and thus made an agreement. Then it was found out that the man’s first wife was still alive which was actually unknown to both of them. The court held that the separation deed was void. It was on the grounds that the agreement had been done on the belief that they were married to each other, but turned out otherwise with the first wife being alive.’

Phillips vs. Brooks
A person named North purchased some items- pearls, and rings from Philip, who owned a jewelers shop. He claimed to be Sir George Bullough. He paid by cheque and signed it saying “You see who | am, I am Sir George Bullough”. He told that it was his wife’s birthday the next day and convinced the jewelers so that he can take them immediately. He gave Sir George’s address which the jewelers also verified with a directory. He then pledged the ring for money at Brooks limited, a pawnbroker company. He had pawned the ring in the name of Mr. Firth. He then disappeared without a trace. The plaintiff brought a claim based on a mistake as to identity- unilaterally.
It was held that the contract was not void for mistake as the law assumes there is an intention to deal with the person in front of them where there is a face to face transaction. The jewelers were not able to prove that they would only exceptionally have sold the ring to one Sir George Bullogh.

Ayekpam Angahl Singh and Another vs. Union Of India and Ors.
The plaintiff, in this case, was the highest bidder in a fishery auction. The rent was 40,000 per year and the said rights were auctioned for three years. The plaintiff sought that he assumed the rent amount to be for all the three years together. Thus, he claimed that he was under the same mistake. Since the mistake, in this case, wad unilateral, the contract couldn’t be avoided.”

CONCLUSION

After looking at the provisions of the Indian Contract Act, 1872, a comparative analysis with another country would throw more light. New Zealand, with regards to a mistake in contract, has a stand-alone act for itself. The statute is called the Contractual Mistakes Act, 1977.
It has various sections with regard to the matter of facts and matter of law. Codification of Contract law has both its advantages and disadvantages. Codification would mean that the various provisions with instances to various types of contracts would be explicitly mentioned. But on the other side, codification has been limited to three sections. It not necessary as such for a mistake in contracts to have an act on its own, but non-conventional instances should be included over time. It is still efficient as it provides remedies if one feels that their contract was carried un-justly.

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Introduction

General Exceptions are the defenses provided to the accused which exculpates criminal liability. An accused can be prevented from criminal liability of any illegal act or omission (offense) done by him, which means there are some exceptions that can make an act or an omission non-criminal/non-offense.
Chapter IV section 76-106 contains such exceptions which are also known as general defenses. There was a need for altogether a different chapter as the limitations need not be given after every penal provision and to avoid repetition.
Section-6 of IPC states that definitions in the code to be understood subject to general exceptions, which means that every definition of an offense, every penal provision, and every illustration of those, shall be understood subject to the exceptions contained in the chapter “General Exceptions”.
The burden of proof to prove any of the exceptions is on the accused. If the accused is able to prove an exception then he/she will be exempted from the charges against him and criminal liability followed by it.
Also, according to Section 105 of the Indian Evidence Act, when a person is accused of any offense then the burden of proving the exception is on him.
Illustration- A kills B when he commits such offense A was involuntarily intoxicated, here the burden to prove intoxication as an exception is on A.
The general exception during police investigation sometimes is on police.

General Exceptions under IPC

This chapter consists of 31 sections which can be classified under following heads-

1. Mistake of fact(Section- 76,79)
2. Judicial Acts(Section-77,78)
3. Accident(Section-80)
4. Absence of criminal intent(81-86)
5. Acts done with consent(87-90)or without consent(92)
6. Trifling acts(95)
7. Private Defence(96-106)
   These exceptions are discussed in detail below-

Mistake of Fact

It is based on the maxim – IGNORANTIA FACTI DOTH EXCUSAT AND IGNORANTIA JURIS NON EXCUSAT, which means that ignorance of facts can be excused but ignorance of the law cannot be.
In Queen v Tolson (1889), A woman married another man as she believed that her first husband died, she was accused of Bigamy but it was held that she did believe that her husband was dead and she did not hide this from the other man. She was exempted from the charges of bigamy.
This exception is majorly based on two principles-
(i)a person is bound by law or (ii)he has a belief that he is bound by law.
An officer is bound by law to follow the orders of superior – police, military, etc.
In Chirangi vs state – A father killed his son, he did not intend to do so. He believed there was an animal. This was a mistake of fact.
When any act that is justified by law or the person doing so beliefs that it is justified by law will not amount to an offense.
Illustration- A, a policeman sees B has killed Z, he confines B but later it comes to his knowledge that B killed Z in self-defense. A will be exempted under section 79.
Section 76 talks about legal compulsion and section 79 is with regards to legal justification, the acts which are justified by law meaning a person is either bound by law or he is justified by law to do so.

Judicial Acts-

Nothing is an offense which is done by a judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law. (Sec 77 IPC)
This section gives power to the judges acting in judicial capacity and protection as immunity to them from criminal proceedings under this exception. This is provided to widen the independence of the judiciary.
The act must have been done in discharge of his duty and within the jurisdiction, even if the judge beliefs in good faith that the act is in his jurisdiction he will be protected.
Section 78- Any act that is done in pursuance of a court order or which is warranted by a judgment or an order will not be an offense. Even if the court passed an order which does not fall under its jurisdiction but if believed in good faith that it does then the act so done in its pursuance will be exempted from criminal liability.

Accident

Nothing is an offense which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.
This means that an act by a person is done without intention and he is doing it lawfully without intention to harm anybody.
Illustration- A while demolishing a building gives proper warning to the neighborhood and puts a proper sign but B gets hurt from the stone. Here, A was acting in a lawful manner and with caution. If A had not put up a sign then that would have been a case of negligence.
In Jageshwar v Emperor, the accused was beating a person, and to save the man his wife came with her child in hand, the child got hurt and died. This was not considered to be an accident because the accused was doing the unlawful act.

Absence of criminal intent

1. Necessity
2. Acts of a child(Incapability)
3. Insanity
4. Intoxication

Necessity

If an act is done with the knowledge that it can cause harm but without criminal intent and in good faith for preventing or avoiding harm to a person or property.
It is a question of fact as to gauge the nature of harm prevented.
Illustration: When there are two choices to save the life of one person and to save the lives of ten people, a person decides to save the lives of more people, this caused the death of that 1 person. (Knowledge was there but there was no criminal intention)
Case- In R v Dudley and Stephen, accused people in a ship killed a boy and ate him to save their own lives as no food was available to them. Court held that there is no right to kill someone, homicide cannot be justified. Self-defense and self-preservation, not absolute necessity

Acts of child

Section 82 clearly says that an act done by a child up to 7 years of age is not an offense – “Doli incapax”
Section 83 states qualified immunity (7-12yrs)
According to this section, a child between the age of 7 to 12 years, has not attained sufficient maturity to judge the nature and consequences of the act then he is immune from liability. His subsequent conduct and intention are noticed.

Insanity

This exception is for the person who at the time of doing an act is of unsound mind and is incapable of knowing the nature and consequences of the act, he is unaware that his act is unlawful.
In Madhukar G. Nigade v State of Maharashtra, the unsoundness of mind must be at the time of committing the offense.

Intoxication

A person at the time of committing the offense by reason of intoxication is incapable of knowing the nature of the act
Or that his act is wrong or illegal, contrary to the law can avail this exception PROVIDED that the toxic is administrated to him without his knowledge or against his will or forcefully.
Section 86 – This section states that Voluntary intoxication will only be exempted if he had the same knowledge as he would have if not intoxicated. This means that a person having criminal intentions will not get the benefit of this section unless intoxication is involuntary.

Consent

Volenti fit non-injuria, which means one who consents and had knowledge that something can happen cannot complain.
It is an exception under IPC. Section 87 gives exemption where consent is given in general but Section 88, 89, and 92 are the exceptions for the cases where the act is done in good faith for the benefit of the person who has given the consent, in doing such act if any harm is caused when there is no criminal liability intended.
Illustration: A and B decide to go to an amusement park as consenting adults, A got hurt but as he agreed to go there knowing that if something wrong happens he might get hurt. B is safe by virtue of section 87.
A is a doctor who performs surgery on his patient with his consent with having the knowledge that it may cause harm to the patient but for the benefit of his patient in good faith he performs surgery.
If a person is incapable of giving consent, then in good faith to save his life or for his benefit, an act can be done.

Communication

Any person who communicates information that causes harm to another but this act done by him is in good faith and for the benefit of the individual, then such an act is not an offense.
If a doctor tells his patient, he is going to die due to a particular disease, hearing this the patient dies out of a heart attack. It was the duty of the doctor to communicate such information and he did it in good faith.

Duress

Duress means any illegal act or omission done in compulsion, due to the threat of instant death. Reasonable apprehension must be caused and also the offense of murder and offense punishable by death is excluded.
Example: At gunpoint, a bank manager is compelled to open the locker of the bank and give away the public money.

Trifles

This is explained by “De minimis non-curat lex” which means that the law is not concerned about trifles. The harm is slight and no person of ordinary sense and temper would complain of such harm will not be an offense.

Private Defense

The constitution of India provides us with various rights and the Indian Penal code also has given a Right to private defense.
An act done in private defense is not an offense when it is done in order to protect a person or one’s property. It can also be used conditioned to unsound mind or intoxicated or infancy of the accused.
This right is to be exercised subject to certain restrictions such as against a public servant performing his duty, any person working under his direction, and when there is no danger of grievous harm and one can call for help from a public authority.
Illustration: A is attempting to enter your house, you have time to call the police then you cannot use this right but if you believe that it is too late and A has trespassed your property and your life is in grave danger then you can exercise this right.
Section 100 provides us with circumstances under which while exercising the right to private defense death of accused can be caused, they are as follows
(i) When there is a fear of death
(ii) When there is a fear of Grievous hurt
(iii) When there is a fear of rape
(iv) When there is a fear of assault
(v) When there is a fear of kidnapping or abducting
(vi) When there is a fear of wrongful confinement
(vi) When there is a fear of acid attack.
When there are other threats than this other harm then death can be caused. The right to private defense arises with the rise of sudden danger to a person or property, it is continued and can only be commenced till the time when sudden danger or threat is present as soon as threat ends right cannot be exercised.
Example: A is standing, B is coming at him to stab him with a knife. His right to defense is started and is continued till his life is in danger. Suddenly, C arrives and convinces B not to cause harm to A. Now, the right to private defense of A ends here as soon as B backs down.

Self-defense for protecting property:

In the following circumstances, one can cause death-
Robbery- with a sudden fear of death or grievous hurt or wrongful confinement, criminal trespass with same danger, mischief (mischief by fire), theft with imminent danger.
Any harm other than death can be caused when there is no imminent danger is present.
While exercising the right to private defense, if there is a chance of harming an innocent person, still the right can be exercised.
State of Orissa v Nirupama Panda- A man enters the house of a woman to rape her, that woman kills him. Under section 100 she is safe as she used her right to private defense.
Jaydev Singh v State of Punjab: Every person has this right and also it is the duty of the state to protect its citizen but in special circumstances, one can defend himself exercising this right.
State of Madhya Pradesh v Ramesh: Right to private defense is a defensive right and not a retributive right, it is not to be exercised by sudden provoking.

Conclusion

An accused if proved guilty must be liable for his offense and convicted with prescribed punishment. To prove the happening of an offense does not only mean actus rea but other factors are also involved to constitute a crime. Mens rea is an essential element of an offense. Certain acts are prevented to form a crime, certain persons are found incapable of performing a crime. Crime is not just an illegal act or omission, it includes a guilty mind, guilty intention, and guilty act. An act that does not fulfill these qualifications to constitute a crime then is exempted to become an offense and these exceptions are fairly given in the IPC itself as General Exceptions.

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