Clause 21

by repealing section 79 (excluding the illustrations) and substituting the following section and Explanation:“Act done by person by mistake of fact believing himself bound or justified by law79.—

Unless otherwise provided by written law, nothing is an offence which is done by any person who by reason of a mistake of fact or in ignorance of a fact in good faith believes himself to be bound by law to do it or justified by law in doing it.(2) Despite subsection (1), when a mistake of fact or ignorance of a fact negates the fault element required to establish liability under an offence, then to avoid doubt, that offence is not made out. Explanation.—Where the physical and fault elements of an offence are proven, and the accused person proves the defence under subsection (1), the accused person is not guilty of that offence.”; and

by inserting, immediately after illustration (d) of section 79, the following illustrations:“(e) A, an officer of a court, being ordered by that court to arrest Y, and, after due enquiry, believing Z to be Y, arrests Z. A has committed no offence.(f) A sees a watch on Z’s desk, which is identical to one that A owns, and mistakenly believes the watch is actually his. A intentionally takes the watch out of Z’s possession without Z’s consent while labouring under such mistaken belief. A has not committed an offence of theft as he did not intend to dishonestly take the watch out of Z’s possession.”.