Mistake of Fact & Law Under Indian Penal Code

Section 76 of the Indian Penal Code: 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.[i]

Mistake of fact arises when an accused misunderstood some fact that negates an element of crime. This legal weapon can be used, where accused succeeds to prove that he/she was mistaken to the existence of some facts or ignorant of the existence of such facts. It is a condition that such mistake must pertain to fact not law.

In R v. Princes (1875) LR 2 CCR 154, in this case, the accused was charged of unlawfully taking an unmarried girl of 16 years against the will of her father, it was found that the accused had bona fide and reasonable belief that the girl was older than 16 years. It was held that the defense was not valid on the ground that act of abduction is a wrongful and immoral act.[ii]

 Section 79 of the Indian Penal Code: 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.[iii]

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-defense.

 In Keso Sahu v. Saligram Shah (1977) Cri LJ 1725, in this case, the court held that the accused showed that he in good faith and believing that the offence of smuggling rice was going on in the plaintiff's house and thus he brings the cart and cart man to the police station. The said suspicion was proved to be wrong. The accused can take the defense of mistake of fact as he is doing the act in good faith and believing it to be justified by law.[iv]

 

.

.

.

Edited by @ Vasu Gupta

---

[i] https://devgan.in/ipc/section/76/

[ii] https://www.mondaq.com/india/crime/882586/general-criminal-defences-mistake-of-fact-accident-and-necessity-part-ii#:~:text=Section%2076%3A%20Act%20done%20by,by%20law%20to%20do%20it.

[iii] https://devgan.in/ipc/section/79/

[iv] https://www.mondaq.com/india/crime/882586/general-criminal-defences-mistake-of-fact-accident-and-necessity-part-ii#:~:text=Section%2076%3A%20Act%20done%20by,by%20law%20to%20do%20it.