Penal Code · s 76

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s 76Act done by person bound, or by mistake of fact believing himself bound, by law

Nothing is an offence which is done by a person who is, or who, by reason of a mistake of fact, and not by reason of a mistake of law, in good faith believes himself to be bound by law to do it.

Illustrations

(a)

A, a soldier, fires on a mob by the order of his superior officer in conformity with the commands of the law. A has committed no offence.

(6)

A, an officer of a Court of Justice, being ordered by that Court to arrest Y, and after due inquiry believing Z to be Y, arrests Z. A has committed no offence.