Mistake of fact

Question 1

What is Section 79 of the Penal Code about?

Answer 1

Section 79 provides that a person who, by mistake of fact, believes they are justified by law to commit an act is not liable for an offense.

Question 2

What is Section 76 of the Penal Code about?

Answer 2

Section 76 states that a person who, under a mistake of fact, believes they are bound by law to commit an act is not liable for an offense.

Question 3

What are the four elements to prove a mistake of fact defense?

Answer 3

1. The accused was induced by a mistake to commit the act.
2. The mistake must be one of fact, not law.
3. The accused must have believed they were bound or justified by law to commit the act.
4. The mistake must have been made in good faith.

Question 4

What is the difference between a mistake of fact and a mistake of law

Answer 4

A mistake of fact relates to a misunderstanding of a factual situation, while a mistake of law refers to ignorance or misunderstanding of legal principles, which is not a valid defense.

Question 5

What is good faith as defined under Section 52?

Answer 5

Good faith is an act performed with due care and attention.

Question 6

What happened in the case of Chirangi v The State?

Answer 6

The accused, who had cataracts, mistook his son for a tiger and killed him. The defense of mistake of fact was allowed as there was no motive, and the act was done in good faith.

Question 7

What is an example of being bound by law under Section 76

Answer 7

: A soldier firing on a mob under the lawful order of a superior officer, as illustrated in Section 76, is an example of being bound by law.