Section 76 in Indian Penal Codes

Title: Act done by a person bound or by mistake of fact believing himself bound by law

Description: 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.

Title: Act of Judge when acting judicially

Description: Nothing is an offence which is done by a Judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law.

Title: Act done pursuant to the judgment or order of Court

Description: Nothing which is done in pursuance of, or which is warranted by the judgment or order of, a Court of Justice; if done whilst such judgment or order remains in force, is an offence, notwithstand­ing the Court may have had no jurisdiction to pass such judgment or order, provided the person doing the act in good faith be­lieves that the Court had such jurisdiction.

Title: Act done by a person justified or by mistake of fact believ­ing himself justified by law

Description: Nothing is an offence which is done by any person who is justified by law, 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 justified by law, in doing it. Illustration A sees Z commit what appears to A to be a murder. A, in the exer­cise, to the best of his judgment exerted in good faith, of the power which the law gives to all persons of apprehending murder­ers in the fact, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in self-defence.

Title: Accident in doing a lawful act

Description: Nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution. Illustration A is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there was no want of proper caution on the part of A, his act is excusable and not an offence.

CHAPTER 4 GENERAL EXCEPTIONS