Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - 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.
Illustration:
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.
Brief Detail
BNS Section 17 provides that an act is not considered an offence if it is performed by a person who is justified by law or who, due to a mistake of fact (but not a mistake of law) and acting in good faith, believes himself to be justified by law. For example, if someone mistakenly believes they are apprehending a criminal but later discovers the individual was acting in self-defence, the act of apprehension is not an offence.
Question & Answers
Q1: What does BNS Section 17 state about acts performed by individuals?
A1: BNS Section 17 states that an act is not considered an offence if it is performed by someone who is justified by law or who, due to a mistake of fact (but not of law) and acting in good faith, believes themselves to be justified by law.
Q2: What type of mistake does BNS Section 17 allow for justification?
A2: BNS Section 17 allows for justification based on a mistake of fact, not a mistake of law, provided the belief in justification is held in good faith.
Q3: Can an act performed under the mistaken belief of legal justification still be considered an offence if it turns out to be wrong?
A3: No, the act is not considered an offence if it was performed under a mistaken belief of legal justification and the mistake was one of fact rather than law, and the belief was held in good faith.
Q4: Give an example of how BNS Section 17 would apply in practice.
A4: If a person, believing they are apprehending a murderer in accordance with the law, seizes an individual who was actually acting in self-defence, the act of seizing is not considered an offence under BNS Section 17.
Example
Suppose A sees what he believes to be a murder being committed by Z. Acting in accordance with his understanding of the law, A apprehends Z to bring him before the authorities. Even if Z was actually defending himself and not committing a crime, A’s actions are not deemed an offence because A acted based on a mistaken belief of fact, not law, and in good faith.
