![]() ![]() They also, by implication, distinguish between error of fact and law and argue that a wrongdoer is exonerated by the former and not the latter. Section 76 protects a person from criminal liability who is bound by law to do something and do it, or who claims in good faith that he is bound by law to do something and do it because of a misunderstanding of fact. Whereas section 79 absolves a person who believes in good faith that his act would be justified by law because of the error of fact and not because of the error of law. ![]() Though similar and similarly resistant, these two provisions are distinct from each other. Nature of Mistake to be considered as an Excuse Under s 76, a person believes that he/she is bound by law to do something and thus feels that he/she is under legal compulsion to do something, while under section 79 he/she acts because he/she believes that he/she is justified in doing so and thus believes that his / her action is justified by law. Mistake as a factor of attenuation imply a rule that when a person knows or mistakes the existence of the relevant events, he does not see or anticipate the consequences of the act unlawfully. Therefore, his trial should proceed with the fiction that the facts were just as he had wrongly thought them to be, not so. ![]()
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