In forceUpdated to 4 Jul 2023Current version · Updated to 4 Jul 2023
Penal Code · Updated to 4 Jul 2023 · Chapter IV · General Exceptions
76. Act done by a person bound, or by mistake of fact believing himself bound, by law
Feedback & supportNothing 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.
(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, being ordered by that Court to arrest Y, and, after due enquiry, believing Z to be Y, arrests Z. A has committed no offence.
Penal Code 49