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Mr, A, an office of a Court of Justice, being ordered by that court to arrest Y, and after due inquiry, believing Z to be Y, arrested Z. Has A committed any offence?

Option: 1

Mr. A will not be liable for any offence.


Option: 2

Mr. A will liable for offence because he should have made proper enquiry before arresting Z.


Option: 3

Mr. A will liable for offence because he was not ordered to arrest Z


Option: 4

None of the above.


Answers (1)

best_answer

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 mistake of law, in good faith, believes himself to be bound by law to do it. Mr. A in the present case was ordered by court and he acted in good faith. Hence, the correct option is a.

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