CHAPTER IV
GENERAL EXCEPTIONS
76.
Act done by a person bound,
bound, by law.--
or by mistake of fact believing himself
76. Act done by a person bound, or by mistake of fact believing
himself bound, by law.--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,
officer, in
no offence.
a soldier, fires on a mob by the order of his superior
conformity with the commands of the law. A has committed
(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.
77.
Act of Judge when acting judicially.
77. Act of Judge when acting judicially.--Nothing is an offence
which is done by a Judge when acting judicially in the exercise of any
power which is, or which in good faith he believes to be, given to him
by law.
---------------------------------------------------------------------1.
Subs. by Act 8 of 1882, s. 5, for "be less than a".
2.
Subs. by Act 3 of 1910, s. 2, for the original section.
3.
Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".
4.
The word "or" at the end of cl. (a) and cl. (b) were omitted by
s. 3 and Sch., ibid.
5.
Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for
life" (w.e.f. 1-1-1956).
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78.