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.
Section history
Section 76 — Act done by a person bound, or by mistake of fact believing himself bound by law
As in force on 15 May 1998.
Timeline 3 versions
- 30 March 1987 Enacted
- 15 May 1998 You are here
- 1 January 2020 Act 15 of 2019
- 17 August 2026 Latest
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, arrest Z. A has committed no offence.