Indian Penal Code, 1860

Act done by a person bound, or by mistake of fact believing himself bound, by law.—

Section

76

Punishment

Depends on original offence

Cognizable

Depends on original offence

Bailable

Depends on original offence

Compoundable

Non-Compoundable (Refer to CrPC 320 for exceptions)

Trial Court

Depends on original offence

Bare Act Text

76. Act done by a person bound, or by mistake of fact believing himself bound, by law.— 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.
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