Law study · For law students
PPC general exceptions in 9 flashcards.
In short
Sections 76 and 79 (mistake of fact, never of law), 80 (accident with proper care), 81 (necessity), 84 (unsound mind), 95 (slight harm), and the private defence sections 96, 99 (no right if there is time to call the authorities; no excess harm) and 100 (when it extends to causing death).
By the FAI Legal editorial desk · 12 October 2026 · 10 slides · 2 min read
Quick quiz. Time to call.
Guess first, then swipe for the answer.
- A. Yes, always
- B. No, not if there is time
- C. Only at home
Answer: B. Section 99.
And no more harm than needed.
“There is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities. … The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence.”
Pakistan Penal Code, 1860 · Section 99, Act against which there is no right of private defence
Law and mistake. Cards 1 to 3.
Acting under the law.
- Bound by lawBound by law, or believes so by a good faith mistake of fact. (s.76)
- Justified by lawJustified by law, or believes so by a good faith mistake of fact. (s.79)
- AccidentLawful act, lawful means, proper care, no criminal intent. (s.80)
Harm and mind. Cards 4 to 6.
Intent and capacity.
- NecessityHarm risked in good faith to prevent other harm. (s.81)
- Unsound mindIncapable of knowing the act or that it is wrong. (s.84)
- Slight harmSo slight no ordinary person would complain. (s.95)
Self-defence. Cards 7 to 9.
Private defence.
- The rightNothing done in private defence is an offence. (s.96)
- The limitsNo right if police can be reached; no excess harm. (s.99)
- Up to deathFear of death, grievous hurt, rape, abduction. (s.100)
Fact or law?
Exam favourite.
- Mistake of factProtects you under s.76 and s.79, if in good faith.
- Mistake of lawNever protects you.
- IllustrationAn officer told to arrest Y, after due enquiry, arrests Z believing he is Y. No offence (s.76).
Exam traps.
Read the conditions.
- s.80Accident is no defence without proper care and caution.
- s.81Whether the harm was imminent enough is a question of fact.
- s.99Against a public servant, only if you knew or had reason to believe he was one.
Revise with FAI.
Ask FAI in your own words. It answers with the exact section and the leading judgments.
- When does the right of private defence extend to causing death? With cases.
- Difference between section 76 and section 79 PPC.
Example questions
What this does not mean
- A mistake of law never protects you. Sections 76 and 79 cover only a good faith mistake of fact.
- Accident under s.80 is no defence without proper care and caution, a lawful act and lawful means.
- Private defence has limits. There is no right where there is time to call the public authorities, and never a right to cause more harm than needed (s.99).
Questions people ask
What is the right of private defence in Pakistan?
Under s.96 PPC, nothing done in private defence is an offence. Section 99 sets the limits, and s.100 says when the right extends to causing death.
When does the right of private defence extend to causing death?
Section 100 lists the cases, among them fear of death or grievous hurt, rape and abduction. The limits in s.99 still apply, so no more harm than needed.
What is the difference between section 76 and section 79 PPC?
Section 76 covers a person bound by law, or who believes so by a good faith mistake of fact. Section 79 covers a person justified by law, or who believes so by such a mistake. Both protect mistakes of fact only.
Is unsound mind a defence under the PPC?
Yes, under s.84, where the person was incapable of knowing the act or that it was wrong.
Is there a right of private defence against a public servant?
Under s.99 the limit for acts of a public servant applies only if you knew or had reason to believe he was one. The general rule still holds: no right if there is time to reach the authorities, and no excess harm.
Sources
- Pakistan Penal Code, 1860 · Section 99
Act against which there is no right of private defence Pakistan Code
Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review. How we check.
