Mistake of Fact: means that a person misunderstands a fact and acts based on that misunderstanding.
Illustration: Suppose A enters a house, thinking it’s his friend’s place and he has permission to be there. Later, he finds out it was actually a stranger’s house. A made a mistake of fact because he believed he was in the right house. If A acted in good faith, he may not be held criminally responsible for trespassing.
Mistake of Law: means that a person misunderstands
or doesn’t know the law correctly. However, unlike a mistake of fact, a mistake
of law usually does not protect someone from criminal liability. This is
because everyone is expected to know and follow the law, and simply not
understanding it is not an excuse.
Illustration: Suppose A starts a gambling business, thinking it’s
legal. Later, he finds out that gambling is actually prohibited by law. A made
a mistake of law by misunderstanding what is legal, but he can still be held
responsible for breaking the law, as not knowing it was illegal is not a valid
defense.
Good Faith: means that someone genuinely
believes they are doing the right thing under the law, even if they make a
mistake.
Illustration: Suppose A sells a piece of land to B, believing that he
is the rightful owner. Later, it’s discovered that due to a mistake in the
documentation, A was not actually the legal owner of the land. Since A believed
in good faith that he owned the land and had no intention to deceive B, his act
of selling the land would be considered done in good faith.
Acting Judicially: means that when a judge or legal authority
makes a decision in good faith while performing their judicial duties, they
cannot be held criminally liable for that decision. This section protects
judges and certain officials from criminal charges when they make honest
mistakes in their official duties.
Example: If a judge gives a sentence in a criminal case based on the
evidence presented, but later new evidence shows the decision was incorrect,
the judge won’t face criminal charges for this mistake. This is because the
judge was acting judicially under Section 77 of PPC.
Criminal intention / knowledge: also known as mens rea. means
that a person is aware that their actions are wrong and may cause harm, and
they choose to do it anyway. Mens rea is latin word which means “guilty
mind”.
Illustration: Suppose A sees B walking alone and decides to steal B's
wallet. A intentionally follows B and takes the wallet without B knowing.
Act of a person of unsound mind: means that if someone commits an act
while not mentally capable of understanding their actions, they may not be held
criminally responsible. A person who cannot give rational answers to questions.
Illustration: Suppose A has mental disorder and he slaps someone on
the road.
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