Act done by a person bound, or by mistake of fact believing himself bound by law
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, arrest Z. A has committed no offence.
[Indian PC 1860, s. 76]
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Last updated 28 Jan 2025
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