IPC Section 76: Act done by a person bound, or by mistake of fact believing himself bound, by law
Indian Penal Code, 1860 · Chapter 4: General Exceptions (Including Right of Private Defence)
Repealed on 1 July 2024 and replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS).
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.
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, arrests Z. A has Committed no offence.
Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 77. Act of Judge when acting judicially
- 78. Act done pursuant to the judgment or order of Court
- 79. Act done by a person justified, or by mistake of fact believing himself justified, by law
- 80. Accident in doing a lawful act
- 81. Act likely to cause harm, but done without criminal intent, and to prevent other harm
- 82. Act of a child under seven years of age
- 83. Act of a child above seven and under twelve of immature understanding
- 84. Act of a person of unsound mind
- 85. Act of a person incapable of judgment by reason of intoxication caused against his will
- 86. Offence requiring a particular intent of knowledge committed by one who is intoxicated
- 87. Act not intended and not known to be likely to cause death or grievous hurt, done by consent
- 88. Act not intended to cause death, done by consent in good faith for person’s benefit
- 89. Act done in good faith for benefit of child or insane person, by or by consent of guardian
- 90. Consent known to be given under fear or misconception
- 91. Exclusion of acts which are offences independently of harm caused
- 92. Act done in good faith for benefit of a person without consent
- 93. Communication made in good faith
- 94. Act to which a person is compelled by threats
- 95. Act causing slight harm
- 96. Things done in private defence
- 97. Right of private defence of the body and of property
- 98. Right of private defence against the act of a person of unsound mind, etc
- 99. Act against which there is no right of private defence
- 100. When the right of private defence of the body extends to causing death
- 101. When such right extends to causing any harm other than death
- 102. Commencement and continuance of the right of private defence of the body
- 103. When the right of private defence of property extends to causing death
- 104. When such right extends to causing any harm other than death
- 105. Commencement and continuance of the right of private defence of property
- 106. Right of private defence against deadly assault when there is risk of harm to innocent person