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Bharatiya Nyaya Sanhita

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

Chapter 3: GENERAL EXCEPTIONS

Section: 14


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

14.. 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.

 

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