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

• WEST BENGAL v. SHEW MANGAL — Supreme Court of India (1982)
• ORISSA v. B. BARIK — Supreme Court of India (1987)
• S.C.R. 571 SUSHIL ANSAL v. STATE THROUGH CBI — Supreme Court of India (2014)
• S.C.R. 263 AVEEK SARKAR & ANR v. STATE OF WEST BENGAL & ORS — Supreme Court of India (2014)
• S.C.R. 138 SATYAVIR SINGH RATHI v. STATE THR. C.B.I — Supreme Court of India (2011)
• Petitioner vs A.Kalaiselvan — Madras High Court (2006)
• ...Appellant / Sole accused vs The State represented by — Madras High Court ()
• ... Revision Petitioner/Appellant/Accused vs B.K.Chellappan — Madras High Court ()

Old <-> New Code Mapping

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