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PUBLIC RECORD OFFICE

Reference :-

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PUBLIC RECORD OFFICE, LONDON | ALLY WITHOUT PERMISSION OF THE

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27-Ignorance of Law.

The fact that an offender is ignorant of the law is not, save A. 25. in so far as is otherwise provided by this Code or any B. 24. law, an excuse for any offence committed by him.

28.-Mistake of Fact.

other

C. 22.

Code Bill,

if

87. See the

India, x. 76,

Report, p. 18, Stephen's

A person who does an act under an honest and reasonable 0.14. but mistaken belief in the existence of any state of facts, is not 1878, . 25. criminally responsible for the act to any greater extent than -the real state of facts had been such as he believed to exist;

provided that this section does not apply when the state of facts in the existence of which a person charged has a mistaken belief, would, if it existed, be such as to con- stitute his act an offence;

Digest. Art. Hit., vol. 2, E. Prince.

$5; Stephen's

p. 118. Also

1875, 2 C.C.R. 164; R. c.

Bishop, 1880,

Cundy r

1889, 13

and provided that, subject to the provisions of this 5 Q.B. 269: Code, if an act in itself immoral is punishable by law only Lecor, 1884, when certain facts exist independent of its immoral 199.B.D. 907; character, every person liable to punishment by reason of R.. Toleon, the existence of such facts, shall be liable to such punish Q.B.. 188 ; ment although he was not aware of the existence of such

Bought wood, facts, and although he believed in good faith and on 1890 24 reasonable grounds that they did not exist, unless a sherra. De

Q.B D. 353: contrary intention is expressed in the definition of the Rutzen. 1895, offence.

The questions

Pain r.

1 Q.B. 920.

whether a sentence, process, warrant, or order of, issuing A. 29–32. out of, or made by any Court or Justice of the Peace is lawful; and

whether any person or persons constitute, or is, or are,

a Court or a Justice of the Peace; and

whether any person is duly authorised to execute any

sentence, process, warrant, or order,

shall, for the purpose of this section, be deemed to be questions of fact.

29.-Execution of Sentences, Orders, &c.

88.247-249.

Any person is justified in the execution in a lawful manner A. 26–30. of a lawful sentence, process, warrant, or order, issuing out of B. 25-29. or made by any Court or Justice of the Peace, if he is duly C. 31. authorised in that behalf by the Court, or the Justice of the Peace, or any other lawful authority; and any person assisting him in such execution is justified in the same way.

30.--Arrest without Warrant by a Peace Officer.

A peace officer is justified in arresting any person without A. 33.

warrant

(1) who he believes on reasonable and probable grounds has committed any offence as to which it is provided that the offender may be arrested without a warrant, whether such an offence has been committed or not; or

B. 32.

C. 546 (a).

A. 39.

B. 37.

C. 548 (1).

A. 39. B. 38.

C. 546 (J).

A. 34. B. 33.

0. 546 (b).

A. 35.

B. 34. C. 546 (c) and cf. 549.

A. 36. B. 35. C. 546 (d)

A. 37. B. 36. C. 546 (e).

A. 40. B. 39. C. 550

A. 41. B. 40.

A. 42. B. 41. C. 254.

A. 43.

B. 42.

C. 255.

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(2) whom he finds committing any offence as to which it is provided that the offender may be arrested without

warrant; or

(3) whom he finds lying or loitering in any highway, yard, or other place during the night, and whom he has good cause to suspect of having committed, or being about to commit, any offence as to which it is provided that the offender may be arrested without a warrant.

31.-Arrest without Warrant by any Person.

Any person called upon to assist a peace officer to carry out a lawful arrest is justified in assisting him.

Any person is justified in arresting without a warrant

(1) any person whom he finds committing any offence as to which it is provided that the offender may be arrested without warrant; or

(2) any person whom, on reasonable grounds, he believes to be guilty of an offence as to which it is provided that the offender may be arrested without warrant, if such an offence has been committed.

It is no offence for any person to arrest, without warrant,

(1) any other person whom, on reasonable grounds, he believes he finds committing in the night time any offence as to which it is provided that the offender may be arrested without warrant; or

(2) any other person who, on reasonable grounds, he believes to have committed an offence, and to be escaping from, and to be freshly pursued by, those whom he, on reasonable grounds, believes to have lawful authority to arrest that person for such offence.

32.—Saving of other Powers of Arrest.

Nothing in the last two preceding Sections of this Code shall take away or diminish any authority given by any law in force for the time being to arrest, detain, or put any restraint on any person.

33.—What Force may be used in executing Process or in Arrest.

Any person justified, or protected from criminal responsi bility, in executing any sentence, process, warrant or order, or in making an arrest, and every one lawfully assisting him, is justified, or protected from criminal responsibility, as the case may be, in using such force as may be necessary to overcome any forec used in resisting such execution or arrest, unless the sentence, process, warrant or order, can be executed, or the arrest effected, by reasonable means in a less violent

manner.

34.-Duty of Person arresting.

It is the duty of any person executing any process, warrant, or written order, to have it with him and to produce it if required.