48
Laws of Malaysia
Act 574
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, being ordered by that Court to arrest Y,
and, after due enquiry, believing Z to be Y, arrests Z. A has committed
no offence.
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.
Act done pursuant to the judgment or order of a Court
78. Nothing which is done in pursuance of, or which is warranted
by the judgment or order of a Court, if done while 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.