4. Section 11 of Indian Evidence Act 1872
and
Section 76-106 of Indian Penal Code 1860
5. Mistake 76 and 79
Act of a person –
• •i) bound by Law to do it (s-76)
• •Ii) Justified by Law to do it (s-79)
• •Sec – 76 provides immunity for the acts of a person who is
bound by law- done in good faith- and by reason of mistake
of fact, not by mistake of law. (Excusable act)
• Ex. A police firing at a rioting mob under lawful orders, did
not commit any offence.
• ii) Arrest by police a wrong person under mistake of fact.
• In Shew Mangal’s case, it was held that a subordinate
officer carrying the orders of his superior, is not liable.
