IPC Section 76
Indian Penal Code (IPC) – Section 76: "Act done by a person bound or by mistake of fact believing himself bound by law"
Full Text of Section 76 IPC:
"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 a mistake of law in good faith believes himself to be justified by law, in doing it."
Explanation:
Section 76 states that an act which would otherwise be an offence is not punishable if the person doing it is justified by law or honestly believes in good faith that they are justified by law, based on a mistake of fact (not law).
The act must be lawful or apparently lawful.
The person may have a genuine, good-faith mistake about factual circumstances justifying the act.
Mistakes of law (ignorance of the law) do not excuse an offence, but mistakes of fact may.
Key Points:
Justification can come from law or good-faith factual mistake.
The person’s belief must be honest and in good faith.
Applies to acts that would otherwise be offenses.
Distinguishes between mistake of fact (excusable) and mistake of law (not excusable).
Example:
A person takes a piece of land believing it belongs to them due to a factual mistake, not knowing it legally belongs to someone else. If the belief was honest and reasonable, they may be excused.
A police officer using force within legal powers is justified by law.
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