75. Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction. 1[Whoever, having been convicted, (a) by a Court in 2[Pakistan] of an offence punishable under Chapter XII or Chapter XVII of this Code with imprisonment of either description for a term of three years or upwards, or 3* * * * * * * shall be guilty of any offence punishable under either of those Chapters with like imprisonment for the like term, shall be subject for every such subsequent offence to 4[imprisonment for life], or to imprisonment of either description for a term which may extend to ten years.] CHAPTER IV GENERAL EXCEPTIONS 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, 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. 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. 78. Act done pursuant to the judgment or order of Court. Nothing which is done in pursuance of, or which is warranted by the judgment or order of, a Court of Justice, if done whilst such judgment or order remains in force, is an offence, notwithstanding the Court may have had no jurisdiction to pass such judgment or order, provided the person doing the act in good faith believes that the Court had such jurisdiction. 1Subs. by the Indian Penal Code Amdt. Act, 1910 (3 of 1910), for the original section. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (w.e.f. 14th October, 1955), for ―the Provinces and the Capital of the Federation‖ which had been subs. by A. O., 1949, Articles, 3(2) and 4, for ―British India‖. 3Clause (b) as amended by A. O., 1937, A. O., 1949, Ord. 21 of 1960, A.O., 1961 and F.A.O. 1975, have been omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch. 4Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for ―transportation for life‖. 2Subs. Page 37 of 178

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