IPC MCQs Quiz on Sec. 76 and Sec. 79

Indian Panel Code MCQs Quiz: IPC MCQs Quiz on Sec. 76 and Sec. 79

Section 76 and Section 79

Most Important Indian Penal Code MCQs on Sec. 76 and Sec. 79 i.e on Mistake. These questions have been asked in various examinations. Practice this quiz Now.

Section 76: IPC

Section 76 of the Indian Penal Code (IPC) deals with the legal defense of mistake of fact. Specifically, it provides a defense for acts done by a person who, due to a mistake of fact and not by reason of a mistake of law, in good faith believes themselves to be bound by law to do the act. This section recognizes that certain actions, which might otherwise be considered offenses, can be excused if done under a genuine and reasonable belief in a non-existent state of affairs.

Sec. 76 of IPC:

“Nothing is an offence which is done by a person who is, 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, bound by law to do it.”

Key Points:

Mistake of Fact vs. Mistake of Law: The section provides a defense only for a mistake of fact, not for a mistake of law. This means that if someone genuinely misunderstands a fact and acts on it, they may not be held liable, but if they misunderstand the law itself, they cannot claim this defense.
Good Faith: The belief in the mistake must be in good faith. “Good faith” implies honesty in the belief or intention.
Bound by Law: The person must believe that they are bound by law to do the act. For instance, if a police officer arrests someone believing in good faith and based on incorrect facts that the law requires them to do so, they might be excused under Section 76.

Section 79 IPC:

Section 79 of the Indian Penal Code (IPC) addresses the defense of actions done in the belief that they are justified by law. This section provides immunity to individuals who, in good faith and under the belief that they are acting in accordance with the law, commit acts that might otherwise be considered offenses.

Sec. 79 of IPC:

“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.”

Key Points:

Justified by Law: The section covers acts that are legally justified. If a person’s actions are authorized by law, they cannot be held liable for those actions.
Mistake of Fact: Similar to Section 76, this section also provides a defense for a mistake of fact, not a mistake of law. If a person, due to a mistake of fact, believes in good faith that they are justified by law in performing an act, they are not considered to have committed an offense.
Good Faith: The belief must be in good faith. This means the individual must genuinely and honestly believe they are acting within the bounds of the law.