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). ---------------------------------------------------------------------- 114 78.

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