SEC- 76-;
Mistake-
1. Mistake of fact ( Ignorentia Facts Excuse )
2. Mistake of Law ( Ignorentia Juris non-excuse)
A mistake should be by ignorance
section 76
Bound by law act done by a person bound or by mistake of fact believing himself bound by law. -
Section 77
Act of a judge when acting judicially - Nothing is an offense which is done by a judge when acting judicially in the exercise of any power or which is in good faith, he believed to be given to him by law.
section 78
Act done by a person or by the mistake of fact believing himself justified by law - Nothing is an offense which is done by any person who is justified by law or who by reason mistake of fact and not by the reason of his mistake of law, believed himself to be justified by law, in doing it
Dakhi Singh v/s state of Delhi AIR 1955 Allahabad High Court 39
in this case the police officer in order to effect the arrest you are thief he fired in short an innocent person that person died on a spot court held that section 79 is not a defense in a case of theft it could be justified by the law if there was a murderer or some serious accused but in this case, it is not a defenses
Section 79
Act done by a person justified or by mistake of fact believing himself justified by law -
Nothing is an offence which is done by any person who is justified by law or who by reason of a mistake of fact not by reason of a mistake of law believing himself in a good faith and justified by Law, doing it.
This action define that nothing is an offence which is done by a judge or acting judicially while exercising the legal powers and believing yourself in a good faith while giving a judgment however if a judge has acted ultra-virus or beyond its capacity and office acted as per direction or discretion, then also the officer will be protected if he acted in a good faith
section 80 - Accident
Ingredients
The criminal intention
The act was done in a lawful manner
proper caution and lawful manner
in a case of Sukhadev Singh
v/s
Delhi administration AIR2003 SC3716
The Supreme Court held that sec. 80 exempt that innocent person when act has been done in lawful manner by lawful means without criminal intention or knowledge.
Under section 18 willing full and negligent act cannot be taken as a accident
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