A, an officer of a court of Justice, being ordered by that court to arrest Y and, after due inquiry, believing Z to be Y; arrests Z. Has A committed any offence? ‘Give reasons and also refer to the relevant provision in this regard.

Question: A, an officer of a court of Justice, being ordered by that court to arrest Y and, after due inquiry, believing Z to be Y; arrests Z. Has A committed any offense? ‘Give reasons and also refer to the relevant provision in this regard. [W.B.C.J. 1993]

Find the answer to the mains question only on Legal Bites. [A, an officer of a court of Justice, being ordered by that court to arrest Y and, after due inquiry, believing Z to be Y; arrests Z. Has A committed any offense? ‘Give reasons and also refer to the relevant provision in this regard. [W.B.C.J. 1993]

Answer

Section 76 of IPC provides for an act done by a person bound or by mistake of fact believing himself bound by law. The provision states that nothing is an offense which is done by a person who is, or who by reason of a mistake of fact and not by the reason of a mistake of law in good faith, believed himself to be, bound of law to do it.

Further, section 79 of the code states that nothing is an offense 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 the law in doing it.

The expression mistake of fact means that there is a misconception in the mind about the existence of a fact. If truth or otherwise of a fact is not known correctly, it is a mistake of fact. Thus, to claim the protection of section 76 it has to be proved that:

1. The person was bound by law to do that act; or
2. By a mistake of fact (not the mistake of law) he in good faith believed himself to be bound by law to do that act.

Here, both the ingredients fall under the present case as officer A had the mistake of fact as to person Y and acted in good faith and under law to arrest Y believing him to be Z. Hence, A has committed no offense.

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Important Mains/Long Questions for Judiciary, APO & University Exams

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