Indian Penal Code Section 76 Quiz

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Questions and Answers

According to Section 76 IPC, which of the following is considered as not an offence?

  • An act done based on a mistake of fact without good faith belief in being bound by law (correct)
  • An act done with the intention to harm others
  • An act done in self-defense
  • An act done by a person bound by law to do it

What principle is the basis for Section 76 IPC?

  • Ignorance of fact is excusable (correct)
  • Ignorance of law is excusable
  • Mistake of fact is always an offence
  • Ignorance leads to punishment

When can mistake be admitted as a defense according to Russell?

  • When the mistake relates to law and not fact
  • When the mistake is unreasonable
  • When the state of things believed to exist would have justified the act done (correct)
  • When the act is done intentionally

What type of mistake must exist for it to be admitted as a defense according to Russell?

<p>Reasonable mistake related to fact (A)</p> Signup and view all the answers

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Study Notes

Defenses under IPC

  • A private defence under Section 76 IPC is not considered an offence.

Basis of Section 76 IPC

  • The principle of "actus non facit reum nisi mens sit rea" (an act does not make a person guilty unless the mind is also guilty) is the basis for Section 76 IPC.

Mistake as a Defense

  • According to Russell, a mistake can be admitted as a defense when it negates mens rea (guilty mind).
  • For a mistake to be admitted as a defense, it must be a reasonable and bona fide mistake, and not a mistake of law.

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