Indian Penal Code, 1860

Section 76: Act done by a person bound, or by mistake of fact believing himself bound, by law

Repealed. Repealed from 1 July 2024. Use it for offences committed before repeal and other liabilities, investigations or proceedings preserved by BNS section 358; do not use it as the current general penal code.

Chapter IV — General Exceptions

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.

Source: official text of the Indian Penal Code, 1860.