A issued a warrant to a police officer to arrest P. But the officer arrests Q after the due inquiry believing Q to be P. Here:

Option A: P is liable for criminal negligence

Option B: P has committed no offence by virtue of Section 76, IPC

Option C: P has committed an offence of wrongful confinement

Option D: None of these

Correct Answer

Option: b

Explanation

This question is based оп Illustration (b) of Section 76 of IPC, 1860. Section 76 provides that 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. Illustration (b): A, an officer of a Court of Justice, being ordered by that Court to arrest Y, and after due enquiry, believing Z to be Y, arrests Z. A has committed no offence.

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