08/07/2019
Penal Code, 1860 (Act No. XLV of 1860).
CHAPTER IV
GENERAL EXCEPTIONS
Act done by a person
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, arrests Z. A has committed no
offence.
77. 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.
bound, or by mistake
of fact believing
himself bound, by law
Act of judge when
acting judicially
Act done pursuant to
the judgment or
order of Court
78. 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.
Act done by a person
justified, or by
mistake of fact
believing himself
justified, by law
79. Nothing is an offence which is done by any person who is justified by law, 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 justified by law, in doing it.
Illustration
A sees Z commit what appears to A to be a murder. A, in the exercise, to the
best of his judgment, exerted in good faith of the power which the law gives to
all persons of apprehending murderers in the act, seizes Z, in order to bring Z
before the proper authorities. A has committed no offence, though it may turn
out that Z was acting in selfdefence.
80. Nothing is an offence which is done by accident or misfortune, and without
any criminal intention or knowledge in the doing of a lawful act in a lawful
manner by lawful means and with proper care and caution.
Illustration
A is at work with a hatchet; the head flies off and kills a man who is standing
by. Here if there was no want of proper caution on the part of A, his act is
excusable and not an offence.
Accident in doing a
lawful act
Act likely to cause
harm, but done
without criminal
intent and to prevent
other harm
81. Nothing is an offence merely by reason of its being done with the knowledge
that it is likely to cause harm, if it be done without any criminal intention to
cause harm, and in good faith for the purpose of preventing or avoiding other
harm to person or property.
Explanation.It is a question of fact in such a case whether the harm to be
prevented or avoided was of such a nature and so imminent as to justify or
excuse the risk of doing the act with the knowledge that it was likely to cause
harm.
Illustrations
bdlaws.minlaw.gov.bd/print_sections_all.php?id=11
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