4 Questions
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
What principle is the basis for Section 76 IPC?
Ignorance of fact is excusable
When can mistake be admitted as a defense according to Russell?
When the state of things believed to exist would have justified the act done
What type of mistake must exist for it to be admitted as a defense according to Russell?
Reasonable mistake related to fact
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.
Test your knowledge of Section 76 of the Indian Penal Code, which deals with exceptions to certain offenses. This quiz covers the principles of 'ignorantia facti excusat' and 'ignorantia juris non excusat', as well as the conditions under which certain actions are not considered offenses.
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