Q2657
X, an officer of a court of justice, being ordered by that court to arrest A, and after making due enquiry, believing B to be A, arrests B, What is the criminal liability of under the law?
A.
Liable for the offence of wrongful confinement of B
B.
Not liable for any offence as he acted in good faith under mistake of fact, which is, a defence under Section 76 of the Indian Penal Code
AnswerC.
Not entitled to the benefit of mistake of fact as he has not acted in good faith
D.
Liable, because his act is a mistake of law and not mistake of fact
Answer: Option B
Solution
Answer: Option B
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