IPC Section 76 — Act done by a person bound, or by mistake of fact believing himself bound, by law

Summary

If a person does something because the law requires them to do it, or because they honestly but mistakenly believe a fact that makes them think the law requires them to do it, that action is not a crime. This rule only applies if the mistake is about a fact, not about what the law says.

Official 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.

Related Judgments

• YASHWANT ETC. vs THE STATE OF MAHARASHTRA — Supreme Court of India (2018)
• The State of Maharashtra vs Nazir Javed Khan & Ors — Bombay High Court (Mumbai Principal Seat) (2019)
• STATE OF WEST BENGAL vs SHEW MANGAL SINGH & ORS — Supreme Court of India (1981)

Old <-> New Code Mapping

• BNS §14 — Act done by a person bound, or by mistake of fact believing himself bound, by law