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 person bound, or justified by law
Consolidated view is experimental and may be broken for certain provisions.
Amendments
Section 76 — Original text to 1 January 2020superseded
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.
[Indian PC 1860, s. 76]
Section 76 — From 1 January 2020 (current)rewritten by Criminal Law Reform Act 2019
Nothing is an offence which is done by a person who is bound by law to do it or justified by law in doing 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 sees Z repeatedly stabbing Y with a knife on a public road. Y dies. A, in the exercise of the power which the law gives to all persons apprehending murderers in the act, forcefully seizes Z, in order to detain Z so that Z can be arrested by the police officers when they arrive. A has committed no offence.