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SECTION 76 IPC - Indian Penal Code - Act done by a person bound, or by mistake of fact believing himself bound, by law
Last Updated: 01 Apr, 2024
By Advocate Chikirsha Mohanty
Table of Contents
IPC 76 in Simple Words
In simple words, Section 76 of the Indian Penal Code states that if a person, in good faith, believes that they are legally obligated to do an action, even if it turns out to be a mistake of fact (not a mistake of law), then that action is not considered an offense.
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Description. It is not an offense if a person believes that he is bound to act by law, but is in fact, by mistake, and not by mistake of law.
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Frequently Asked Questions
What is difference between Section 76 and 79 of IPC?
Section 76 is for those cases in which a person, out of good faith and due to a mistake or ignorance of the facts, believes that he has a legal obligation to perform an act. In contrast, section 79 is for those cases in which a person, because of a factual error, feels justified to perform an act.
What is Section 76 of IPC Ipleaders?
The Sections 76 and 79 of the Code deal with mistakes in fact It is not an offense if a person believes in good faith that he is bound by law, or is a victim of a mistaken fact. This is derived by the legal maxim ignoranceia facti excusat, ignoranceia juris not excusat. 20 Nov 2018
What is Section 78 in IPC?
A person who does an act in good faith, but in accordance with a judgment or an order of a Court of Justice that is still in effect, commits treason.
