Act done pursuant to the judgment or order of Court.
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.
79.
Act done by a person justified,
himself, justified, by law.
or by
mistake
of
fact
believing
79. Act done by a person justified, or by mistake of fact
believing himself, justified, by law.--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 fact, 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 self-defence.
80.
Accident in doing a lawful act.
80. Accident in doing a lawful act.--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.
81.