| Principle 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. |
| Facts A, an officer of a court of justice being ordered by that court to arrest Y and after due enquiry believing Z to be Y arrests Z. |
A) A has committed offence
B) A has not committed offence
C) A has committed offence of wrongful confinement
D) A has committed wrongful restraint
Correct Answer: B
Solution :
According Section 76 of the Indian Penal Code, 1860 and the principle given here, A has not committed any offence, because he was ordered by a court of justice to arrest Y and after due enquiry A arrested Z believing him to be Y, so A is not liable for any offence, because he was acting under law and the mistake is the mistake of fact.
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