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Section 76: Act done by a person bound, or by mistake of fact believing himself bound, by law

The Indian Penal Code, 1860Central Act · Act 45 of 1860

Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it. Repealed by the Bharatiya Nyaya Sanhita, 2023, with effect from 1 July 2024

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.

Where this provision sits

ActThe Indian Penal Code, 1860
Section76
Marginal noteAct done by a person bound, or by mistake of fact believing himself bound, by law
JurisdictionCentral
StatusRepealed
Judgments citing it2

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