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Indian Penal Code

(IPC)

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

Chapter 4: General Exceptions

Section: 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.

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