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Act done by a person justified, or by mistake of fact believing himself, justified, by law
Section 17 of the Bharatiya Nyaya Sanhita (BNS), 2023, mirrors the former Section 79 of the Indian Penal Code (IPC).
IPC Section 79
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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