What is Section 76 IPC? Act done by a person bound, or by mistake of fact believing himself bound, by law
Published on: Lawiz Team
Detailed explanation of Section 76 IPC: Act done by a person bound, or by mistake of fact believing himself bound, by law.
Official Legal Text
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.
What This IPC Section Means – Explained in Simple Words
An act done by a person who is legally bound to do it, or who mistakenly believes they are bound, is not an offence.
Purpose
To protect individuals who act under a legal obligation or belief of legal obligation.
Bailable or Not Bailable & Punishment
Bailable: Not Applicable, Punishment: Exempt from punishment if the act is done by a person who is bound by law or believes himself to be so by mistake of fact.
Scope and Application
Applies to acts done under a mistaken belief of legal duty.
Important Legal Points
The belief must be based on a reasonable understanding of the law.
Illustrative Example
A police officer arresting a person based on a court order they believe to be valid.
Exceptions and Special Cases
Does not protect acts done with malicious intent.
Conclusion
Protects lawful actions done in good faith under a mistaken belief.
FAQs
What does Section 76 IPC define?
Act done by a person bound, or by mistake of fact believing himself bound, by law.
What is the legal scope of Section 76 IPC?
It defines how act done by a person bound, or by mistake of fact believing himself bound, by law is treated under Indian Penal Code.
When is Section 76 IPC applicable?
In cases involving act done by a person bound, or by mistake of fact believing himself bound, by law circumstances or actions.
Are there exceptions under Section 76 IPC?
It must be read with relevant general exceptions or contextual limitations.
Can you give an example related to Section 76 IPC?
Real case laws often refer to act done by a person bound, or by mistake of fact believing himself bound, by law in specific judgments.
Is Section 76 connected to any other IPC sections?
Yes, this section is often applied alongside related IPC provisions depending on the case.
How do courts interpret Section 76 IPC?
Courts interpret it in line with judicial precedent and legislative intent.