Mistake of Fact
- Mistake of fact is excused under criminal law because it negatives mens rea (there is no guilty mind).
- Illustration: A police officer directed to arrest "B," who after reasonable inquiry and in good faith arrests "C" believing him to be "B" โ commits no offence, because he acted in good faith believing himself bound by law to do so.
- An act done under mistake of fact is a complete defence to a criminal charge, provided it was done in good faith.