Act done by a person bound, or by mistake of fact believing himself bound, by law
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Summary
An act done because a person is bound by law, or because they in good faith believe (due to a mistake of fact, not a mistake of law) they are so bound, is not an offence. It applies when the person is acting under lawful orders or after reasonable inquiry believes they must act. The legal consequence is protection from criminal liability for that act.
Example
Ravi, a soldier, fires on a violent mob on the lawful orders of his superior. He acted because he was bound by law and in good faith, so he is not guilty of an offence under this rule.
Bare Act
Enacted textNothing 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
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(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.
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(b) A, an officer of a Court, 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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