Penal Code
2008 Ed.
42
CAP. 224
imprisonment for life, he shall not in any case be liable to
imprisonment for a term exceeding 15 years.
[51/2007]
[Indian PC 1860, s. 75]
CHAPTER IV
GENERAL EXCEPTIONS
Act done by a person bound, or by mistake of fact believing
himself bound by law
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, arrest Z. A has committed no
offence.
[Indian PC 1860, s. 76]
Act of judge when acting judicially
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.
[Indian PC 1860, s. 77]
Act done pursuant to the judgment or order of a court of justice
78. Nothing which is done in pursuance of, or which is warranted
by, the judgment or order of a court of justice, if done while the
judgment or order remains in force, is an offence, notwithstanding the
court may have had no jurisdiction to pass the judgment or order,
provided the person doing the act in good faith believes that the court
had such jurisdiction.
[Indian PC 1860, s. 78]
Informal Consolidation – version in force from 1/4/2015
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