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Arbitration

The document discusses the classification of mistakes in legal situations, specifically distinguishing between Mistakes of Fact and Mistakes of Law. A mistake of fact occurs when an individual acts under a false belief about a fact, affecting their actions and intent. In India, Sections 76 and 79 of the Indian Penal Code provide legal provisions that excuse individuals from liability when acting under a mistake of fact, provided the act is done in good faith and believed to be lawful.

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8 views1 page

Arbitration

The document discusses the classification of mistakes in legal situations, specifically distinguishing between Mistakes of Fact and Mistakes of Law. A mistake of fact occurs when an individual acts under a false belief about a fact, affecting their actions and intent. In India, Sections 76 and 79 of the Indian Penal Code provide legal provisions that excuse individuals from liability when acting under a mistake of fact, provided the act is done in good faith and believed to be lawful.

Uploaded by

aradhanatripathiv
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Mistakes are one of the most common characteristics in ordinary life but may also influence legal

situations. However, the law classifies mistakes into two basic types: Mistakes of Fact and Mistakes
of Law. A difference between mistake of fact and mistake of law needs to be understood since it
leaves an impression and gives a different impression concerning legal matters and how to serve in
court to be justified.

In the legal framework, under some conditions, there is an excuse for their actions through a mistake
of fact. A mistake of fact occurs when an actor acts under a mistaken belief about a fact which, in
turn, affects his action. This may be a mistake relating to the circumstances under which one's act
was performed or even the nature of the act itself.

What are the Elements of Mistake of Fact?

 Wrongful Belief: The accused is under an erroneous belief of a fact.

 Relevance to the Action: The error of fact directly affects the choice of action of a person to
act in a certain manner.

 Denial of Intent: Usually, a mistake of fact negates the intention or the mental state, which is
requisite for the commission of a crime.

Legal Provisions Relating to Mistake of Fact

In India, Section 76 and Section 79 of the Indian Penal Code (IPC), deal with mistakes of fact. Section
76 provides that a person acting under the mistake of fact that they are bound by law to act upon
shall not be liable for the offense. It is supported by Section 79, which states that any act done
under a mistake of fact shall not be an offense if it is done bona fide and under the belief that the
said act is lawful.

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