Chapter IV – General Exceptions under IPC – Section 76

Making of arbitral award & termination of proceeding

Chapter IV – General Exceptions under IPC – Section 76

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

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.

                                                             

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  • Muskan

    In the second example given here, is it also correct that A has committed no offence because being ordered by the court?