The Penal Code 1860 in Bangladesh distinguishes between mistake and misrepresentation, and understanding the difference between the two is important in avoiding legal troubles. A mistake refers to an act done or an omission made in good faith, believing it to be lawful, which subsequently turns out to be illegal. Misrepresentation, on the other hand, is an intentional act of deceiving another person by making a false statement or providing false information. Let’s explore the legal distinctions between these two concepts in more detail.
Mistake
A mistake is not an intentional act and is made in good faith. The person committing the mistake is not aware that their act is illegal, and as a result, they are not held criminally liable for their actions. Section 76 of the Penal Code provides that a person who commits a mistake of fact in good faith, believing it to be lawful, shall not be punished for the offence committed.
For example, if a person takes a car that they believe is their own, but it turns out to be someone else’s, this would be a mistake. In this case, the person had no intention of committing a crime and believed that they were acting lawfully. As a result, they cannot be held criminally liable for their actions.
Misrepresentation
Misrepresentation, on the other hand, is an intentional act of deceiving another person. It involves making a false statement or providing false information with the intention to deceive others. In Bangladesh, misrepresentation is considered a criminal offence and is punishable under the Penal Code.
For example, if a person sells a car but falsely claims that it has never been in an accident, this would be a misrepresentation. In this case, the person intentionally provided false information to the buyer with the intention to deceive them. As a result, they can be held criminally liable for their actions.
Legal Distinctions
The key legal distinction between mistake and misrepresentation is the intention behind the act. Mistake is an unintentional act made in good faith, while misrepresentation is an intentional act of deception. As a result, the consequences of these two acts are different under the law.
A person who commits a mistake in good faith, believing it to be lawful, is not punished under the law. In contrast, a person who intentionally misrepresents a fact is guilty of an offence under the Penal Code and can be punished accordingly.
In conclusion, understanding the legal distinctions between mistake and misrepresentation is important in avoiding legal troubles in Bangladesh. While mistake is not a punishable offence, misrepresentation is considered a criminal offence and can result in serious consequences. It is important to act with honesty and integrity to avoid being accused of misrepresentation and facing legal action.