What is Section 91 IPC? Exclusion of acts which are offences independently of harm caused

Published on: Lawiz Team

Detailed explanation of Section 91 IPC: Exclusion of acts which are offences independently of harm caused.

Official Legal Text

The exceptions in sections 87, 88, and 89 do not extend to acts which are offences independently of any harm which they may cause.

Section 91 of the Indian Penal Code clarifies that the right of private defense does not apply in cases where the act itself is an offence.

To prevent misuse of the right of private defense when the act is already punishable as an offence.

Bailable: Not Applicable, Punishment: Acts that are offences independently of harm caused are not exempted from punishment even with consent.

This section applies when a person cannot claim private defense for acts that are crimes themselves.

Private defense cannot be claimed for acts that are inherently illegal.

A person cannot claim private defense for committing theft under the pretext of defending themselves.

Private defense is not a valid justification for offences already punishable under the IPC.

Section 91 ensures that the right of private defense is not misused to justify criminal acts.

What does Section 91 IPC define?

Exclusion of acts which are offences independently of harm caused.

When is Section 91 IPC applicable?

When cases involve exclusion of acts which are offences independently of harm caused under criminal law.

Does Section 91 IPC involve good faith?

Yes, good faith plays a major role in interpreting exclusion of acts which are offences independently of harm caused situations.

Are there exceptions mentioned under Section 91 IPC?

It must be interpreted along with related IPC exceptions and general defenses.

How do courts interpret Section 91 IPC?

Courts use judicial precedents and facts of the case to interpret exclusion of acts which are offences independently of harm caused.

Give an example where Section 91 IPC applies?

Real-world examples involve cases where exclusion of acts which are offences independently of harm caused was a defense or argument.

Is Section 91 IPC connected to any related sections?

Yes, it links closely to Sections like 76–106 on General Exceptions.