Section 76

Act done by a person bound, or by mistake of fact believing himself bound, by law.

The Indian Penal Code, 1860

  • Act 45 of 1860
  • Ministry of Home Affairs
  • Department of Internal Security
About this Act

It is expedient to provide a general Penal Code forindia;

All sections
    Nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be, bound by law to do it.
Illustrations
        (a) A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. A has committed no offence.
        (b) A, an officer of a Court of Justice, being ordered by that Court to arrest Y, and after due enquiry, believing Z to be Y, arrests Z. A has committed no offence.

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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