1 Concept and Meaning of General Defences

A defence is a legal answer to a prima facie case: facts that, if established, exonerate (an acquittal) or mitigate (a lesser offence or sentence). The term general (complete) defences denotes answers available to all or most offences — as opposed to special defences attached to particular crimes (consent in rape's definition; claim of right in theft). The terminology to command: a justification admits the act was right (or tolerated) under the circumstances — the law says "well done" or at least "not wrongful"; an excuse admits the act was wrong but denies the actor's blameworthiness — the law says "wrong, but this actor is not a fit subject of condemnation." The distinction (the unit's organizing axis):• Justifications negate the actus's wrongfulness (the conduct is justified against the world: a third party may even aid the justified actor);• Excuses negate the actor's culpability (the act remains wrongful; only this actor, in these conditions, is excused — the excuse is personal).General defences in Nepali law: the Muluki Criminal Code, 2074's general part codifies the defences of infancy/immaturity, unsoundness of mind, intoxication, mistake, private defence (of body, property and chastity), duress/compulsion and necessity-type provisions (described here by principle — cite statutes by name, not invented sections).