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BNS Section 17

Act done by a person justified, or by mistake of fact believing himself, justified, by law

Nothing is an offence which is done by any person who is justified by law, 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 justified by law, in doing it.

Illustrations

A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment exerted in good faith, of the power which the law gives to all persons of apprehending murderers in the fact, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in self-defence.

Example
Vijay believed that Rakesh was brutally hitting another person, and forcefully stopped him. Here, Vijay has committed no offence and is protected, even though Rakesh was acting in self defence.


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Key Points on BNS-17

BNS-17 provides a legal defense for individuals who commit acts that would otherwise be offenses, as long as they are either justified by law or genuinely believe in good faith, due to a mistake of fact, that they are justified by law.

1. Justified by Law:
 

  • If a person acts under a legal justification, such actions are not considered offenses. The person is empowered by law to act, even if the outcome later reveals that the circumstances were not as they appeared.
     

2. Mistake of Fact:
 

  • Mistake of Fact is when a person, due to an incorrect understanding of the facts, believes that they are acting lawfully. If they act in good faith, believing their actions are justified by law, they are not held liable for the consequences.
     

3. Good Faith:
 

  • The actions must be performed with honest intentions and without malice. Good faith here means that the person genuinely believes that they are acting within the law, based on the facts as they understand them.
     

4. Mistake of Law:
 

  • Unlike mistakes of fact, mistakes of law are not excused under this section. Everyone is presumed to know the law, and acting on a misunderstanding of the law does not provide a legal defense.
     

5. Illustration:
 

  • In the provided illustration, A sees Z committing what appears to be a murder. A, believing Z to be a murderer, seizes Z in order to take him to the authorities. A acts in good faith and believes he is justified by law (the legal right to apprehend a criminal). Even if Z later turns out to have been acting in self-defense, A has committed no offense because of his good faith belief based on the facts available to him at the time.
     

6. Objective:
 

  • The aim of BNS-17 is to protect those who act lawfully or who, due to a mistaken perception of facts, believe they are acting within the law. It ensures that individuals are not unfairly punished for actions taken with lawful intentions or honest misunderstandings of fact.
     

This section shields individuals who, acting in good faith, believe they are justified by law, even if their understanding of the situation later turns out to be incorrect.




Looking for information on the Bharatiya Nyaya Sanhita? Check out our exhaustive list of BNS all sections offering in-depth explanations and legal insights for each section.


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