Act done by a person bound, or by mistake of fact believing himself bound, by law.
- 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.
Illustrations.
(a) A, a soldier, fires on a mob by the order of his superior officer, in conformity with the
commands of the law. A has committed no offence.
Punishment of
person guilty
of one of
several
offences,
judgment
stating that it
is doubtful of
which.
Limit of
solitary
confinement.
Enhanced
punishment
for certain
offences after
previous
conviction.
Act done by a
person bound,
or by mistake
of fact
believing
himself bound,
by law.
Solitary
confinement.
(b) A, an officer of a Court, being ordered by that Court to arrest Y, and, after due
enquiry, believing Z to be Y, arrests Z. A has committed no offence.