Section 76 IPC provides that an act 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, is:
Acriminal but mitigated to half the prescribed punishment under Section 76 IPC
Bsubject to ratification by the Government before a prosecution may be launched
Cpunishable only on the order of the Sessions Judge under Section 209 CrPC
Dnot an offence, an exception found in Chapter IV General Exceptions of IPC
Answer & Solution
Correct answer: D. not an offence, an exception found in Chapter IV General Exceptions of IPC
1. Section 76 IPC provides: '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.'
2. This is the bound-by-law-mistake-of-fact exception, located in Chapter IV (General Exceptions).
3. Critical limit: only MISTAKE OF FACT excuses; ignorance of LAW does not (ignorantia juris non excusat).
4. The good faith must be in the Section 52 sense (with due care and attention).
5. Hence option B — not an offence — is correct.
_Source: Indian Penal Code 1860 / Code of Criminal Procedure 1973 / Indian Evidence Act 1872 (Bare Acts, indiacode.nic.in) — IPC, Section 76 (Chapter IV — General Exceptions)_
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