Section 76 of the Indian Penal Code (IPC) provides a defense for individuals who perform an act that would otherwise be considered an offense but were bound by law to do it or were under the mistake of fact that they were legally required to do so.
The primary aim of Section 76 is to protect individuals who, despite committing acts that may seem unlawful, were acting under the law or believed they were legally compelled to do so. The section serves to exclude criminal liability for people who are, in essence, following legal instructions or acting under misunderstanding of a factual situation that makes their actions legally permissible.
Act Done by a Person Bound by Law: The section provides that if a person performs an act because they are bound by law (i.e., they have a legal duty to do so), they are not guilty of an offense, even if their actions would otherwise constitute a crime.
Mistake of Fact: A person may also be excused from criminal liability if they commit an act under a mistake of fact — meaning they believed, in good faith, that they were legally obligated to act in a particular way.
Legality of Act: The key distinction here is that ignorance of law is not a defense (Section 90), but mistake of fact can provide a justification for actions that would otherwise be considered criminal.
Section 76 is not directly about punishment but provides a legal defense against prosecution. If a person successfully proves that they were bound by law or acted under a mistake of fact, they will not be punished for the act in question. However, this defense does not automatically absolve the individual from criminal liability unless it is conclusively established that:
The act was done as part of the individual's legal duty (bound by law) or under mistaken belief.
The individual acted in good faith, with no criminal intent.
The mistake was related to fact, not law. The person must have believed their action was justified in circumstances that led to the act.
