Section 76 IPC: Act done by a person bound, or by mistake of fact believing himself bound, by law

Indian Penal Code, 1860

Section 76 IPC at a Glance

Section 76 IPC deals with act done by a person bound, or by mistake of fact believing himself bound, by law. From 1 July 2024 it is replaced by Section 14 BNS.

Punishment

None. Section 76 IPC creates no offence.

BNS Equivalent

Section 14 →

Section 76 IPC Bare Act Text

76. 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.
(b) 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.

Source: Section 76, Indian Penal Code, 1860

Section 76 IPC in Simple Words

Section 76 of the Indian Penal Code (IPC) is the first of the General Exceptions. Nothing is an offence which is done by a person who is bound by law to do it, or who by reason of a mistake of fact and not of law in good faith believes himself to be bound by law to do it.

The first illustration is a soldier who fires on a mob by the order of his superior officer in conformity with the commands of the law. The second is an officer of a Court of Justice who arrests the wrong man after due enquiry, believing him to be the man the Court ordered him to arrest.

Ingredients of Section 76 IPC

An act is done by a person
The person is bound by law to do the act, or believes himself to be bound by law to do it
The belief arises from a mistake of fact and not from a mistake of law
The belief is held in good faith

Punishment Under Section 76 IPC

Imprisonment

None. Section 76 IPC creates no offence.

Fine

None.

Section 76 IPC is a General Exception. It has no entry in the First Schedule to the CrPC.

Example of Section 76 IPC

In 2019 in Jalandhar, a civil court ordered Balwinder, a court bailiff, to seize ten sacks of wheat belonging to a debtor named Harpreet from a shared warehouse. Carrying out the court's lawful command after making careful enquiries from the warehouse clerk and inspecting the receipts, Balwinder believed in good faith that ten sacks in the corner belonged to Harpreet and seized them. In fact, those sacks belonged to Gurpreet. Because Balwinder acted under a mistake of fact and not of law while believing in good faith that he was bound by law, his act was not an offence under Section 76 IPC.

When Section 76 IPC Does Not Apply

Section 76 IPC does not apply when a person commits an act because of a mistake of law rather than a mistake of fact.
Section 76 IPC does not apply when the person knows that the act is unlawful and is not bound by law to perform it.
Section 76 IPC does not apply when the person's mistaken belief of being bound by law was formed carelessly and without good faith.

Section 76 IPC in the BNS

Section 76 IPC is now covered under Section 14 BNS.

Section 14 BNS keeps the rule in the same words. The only change is in the second illustration, where an officer of a Court of Justice becomes an officer of a Court.

View detailed comparison (IPC 76 vs BNS 14) →

FAQs on Section 76 IPC

What does Section 76 IPC say?▼

That nothing is an offence which is done by a person who is bound by law to do it, or who by reason of a mistake of fact and not of law in good faith believes himself to be bound by law to do it.

Does a mistake of law protect a person under Section 76 IPC?▼

No. The belief must arise from a mistake of fact and not from a mistake of law.

Under Section 76 IPC, what do the illustrations show?▼

A soldier who fires on a mob by the order of his superior officer, and an officer of a Court who arrests the wrong man after due enquiry, have each committed no offence.

Is Section 76 IPC an offence?▼

No. It is a General Exception in Chapter IV, so an act within it is not an offence.

What is the BNS equivalent of Section 76 IPC?▼

Section 14 BNS, with one wording change in the second illustration.

Have questions about Section 76 IPC?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·