Topic Explanation

Introduction  2 form of Mistake. Mistake of fact and mistake

of law

Mistake of fact Section 76 & 79 of PC

1) Section 76
 A person bound or think himself to be bound
by law to do
2) Section 79
 A person justified or think himself justified by
law to do

1) ‘’ Nothing is an offence’’
 Sec 76 &79 provide an act done by a person in
the circumstances is not an offence
 Tolson case ;
A woman reasonably believe her first husband
dead. Remarried. Later discovered her first
husband alive. Charged under bigamy
Held; She was released bcs of mistake

2) “ Bound by law and justified by law ‘’

 Bound by law
Elements of mistake of fact
 Only cover a situation where person
under a legal obligation to do an act
 Sec 43 of PC stated who is bound by
law
 The order must be lawful
State of Bengal v Shew Mangal Singh
Police officers were ordered to open
fire during a civil disturbance.Two
person was killed.
Held; On appeal, they were acquitted
because the court believed the Deputy
Commissioner's orders were justified,
and the police were obligated to obey
lawful orders from their superiors
 Justified by law
 A person thinks he justified by law to
the act. The act is not illegal
 Abdullah v R
A person was accused of statutory
rape with someone under 14 years
old. The accused thought the person
was over 16.
Held; The judge said his belief didn't
matter, and he was convicted. An act
is only a crime if the law forbids it, and
if the law doesn't forbid it, the act is
considered justified by law

3) Act done in good faith

 If the accused acted w due care and attention
and reasonable man act the same, then he
acted in good faith
 Sec 52

4) ‘’ Mistake of fact & law’’

- Mistake of fact
 A mistake as to the existence of a
private right
 Chirangi v State of Nagpur
Chirangi accidentally killed his son, Ghudsai,
thinking he was a tiger. Chirangi had cataracts
in both eyes, led to a temporary confusion
affecting his vision. Charged under murder,
but the court decided that because of his
mistaken belief , he was protected by Section
79 of the Indian Penal Code. As a result, the
conviction was overturned

- Mistake of law
 Excluded from the provision of section 76 and
79
 The King v Tustipada Mandal & Ors
A mistake of law happens when a person
having full knowledge of the facts come to an
erroneous conclusion as to their legal effect.
So, a mistake of law is when someone, who
knows all the facts, still makes a mistake in
understanding how the rules (laws) should be
applied or interpreted
 Ignorance of law - knowing no law on particular
Differences between mistake and ignorance of law subject

Mistake of law – knowing something of the law but

not enough, or the wrong thing