abhi_sinha

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  • in reply to: Good faith #4348
    abhi_sinha
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      The Term ‘Goof Faith’ is defined in a negative manner in IPC. Throughout the IPC the term good faith has been mentioned various time. In any case, the objective of a person is very important, abd that’s when the question of good Faith comes. Either the crime was done with the purpose of good faith or bad faith.

      To evince good faith only purpose is not enough. With objective, the person must have taken due care and attention. Solely in Section 52, fue care and attention has been explained. Although various courts have explained it on basis of judgement and interpretation.

      In different cases the question of good faith varies and it should be considered with situation if the case.

      Under various Sections of IPC, good Faith is made for the purpose of defence.

      In section 76, act done by a person bound or by mistake of fact believing himself bound by law is not an offence.

      For eg. Ramesh an Police Inspector, is ordered by the court to arrest Suresh but due to some mis-conception he arrest Rakesh, believing he is Suresh. Here, Ramesh has not committed any offence as he arrested Rakesh with good faith believing he’s Suresh under the Rule of Law.

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