Act done by a person bound, or by mistake of fact believing himself bound, by law
AI Assist
Summary
An act done by someone who is legally required to do it, or by someone who in good faith (because of a mistake of fact, not law) honestly believes he is required, is not an offence. It applies when the actor either actually has a legal duty or reasonably misperceives facts that make the duty arise. Consequence: no criminal liability for that act.
Example
Rohan, a security guard, is ordered by his superior to detain a suspected thief. He sees a visitor matching the description and, after a quick check, honestly believes she is the suspect and detains her. Under this rule, Rohan has committed no offence because he acted believing he was bound by law.
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 of Justice, 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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