Professional Documents
Culture Documents
Judicial acts (SS, 77, 78) 2. Mistake of fact (SS, 76, 79) 3. Accident 4. Absence of criminal intent. (SS 81-86, 92-94) 5. Consent (SS 87-90) 6. Trifling Acts. (S.95) 7. Private Defence (SS, 96-106)
11.
The above forms of exceptions are generally divided into two viz. excusable and justifiable. In excusable the mens rea is completely absent. In justifiable the acts are not left excused; but are justifie
Some or all of the above ingredients shall be present in order to plead the General Exception of Mistake. If the act comes under Mistake, the accused will not be punished. A similar provision is laid down under Section 79 which says that nothing is an offence 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 law, in doing it. Thus if a person sees another commit an act which appears to the first person a murder and the first person in good faith seizes the other to be brought before the police, he has not committed an offence of wrongful restraint or confinement or like those. The reason is that he was under a mistake of fact and in seizing the other he has done a lawful thing in good faith.