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Questions and Answers
According to Section 76 IPC, which of the following is considered as not an offence?
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?
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 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?
What type of mistake must exist for it to be admitted as a defense according to Russell?
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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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Description
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.
