Report No. 42
8. Substitution of new sections for section 76.-
For section 76 of the Code, the following section shall be substituted as sections 40 and 41, namely.-
"40. Act done by a person bound or justified by law.- Nothing is an offence which is done by a person who is bound by law to do it or is justified by law in doing it.
41. Act done by a person by mistake of fact, believing himself bound or justified by law.- Nothing is an offence which is done by a person who by reason of a mistake of fact and not by reason of mistake of law, in good faith, believes himself to be bound by law to do it or justified by law in doing it.
(a) A, an officer of a court of justice, being ordered by that court to arrest Y, and, after due enquiry, believing Z to be Y, arrests Z. A has committed no offence.
(b) A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment exerted in good faith, of the power which the law gives to all persons of apprehending murders in the fact, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in self-defence.