IPC Section 71
🔹 Section 71 of the Indian Penal Code – "Act done by a person bound, or by mistake of fact believing himself bound, by law"
⚖️ Text of Section 71 (Simplified):
An act done by a person who is bound by law to do it, or who by mistake of fact believes himself to be bound by law to do it, is not an offence, even if the act is harmful to someone else.
🔍 Detailed Explanation:
1. What does Section 71 say?
If a person is legally required (bound by law) to do something, then doing that act cannot be called an offence, even if it causes harm.
Even if the person is mistakenly thinking that he is bound by law to do something, and therefore does it, such an act is not punishable.
2. Essentials of Section 71:
The person must be bound by law or believe so by mistake of fact:
Either the law actually compels the person to act.
Or the person genuinely believes, due to a mistake of fact, that he is bound to act.
The act must be done in good faith under that belief.
The act might cause some harm or injury to another person, but it is still not an offence.
3. Purpose of Section 71:
The section provides protection to persons acting under a legal duty or mistaken belief of legal duty.
It recognizes that a person should not be punished for carrying out what they believe is their legal responsibility.
This helps avoid penalizing those who honestly believe they are acting lawfully.
4. Examples:
Police officer using reasonable force: A police officer is bound by law to arrest a person. If the officer uses force while arresting and causes harm, it is not an offence because the officer is acting under a legal duty.
Mistaken belief: A person mistakenly believes they are legally obliged to stop a vehicle (for example, a volunteer directing traffic) and causes some damage. Since the person believed in good faith they were bound by law, no offence is committed.
5. Difference from similar sections:
Section 72 IPC covers acts done under authority of law.
Section 71 IPC covers acts done because the person is bound by law or mistakenly believes they are bound.
✅ Summary:
Section 71 protects individuals who perform acts because they are required by law or believe they are required by law, even if those acts cause harm. It ensures such persons are not held criminally liable when acting under such obligations or mistaken belief.
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