BNS Section 17: Legal Protection for Justified Acts & Mistake of Fact
Act done by a person justified, or by mistake of fact believing himself, justified, by law
If someone is allowed to by the law to do something, or if they mistakenly believe they are allowed by the law because of a mistake in the law, then they are not breaking the law.
Illustrations
A sees what Z does that looks like murder to A. 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. Even though Z may have been acting in self-defense, A has not done anything wrong.
Showing Example
Vijay stopped Rakesh by force because he thought he was hitting someone very hard. Even though Rakesh was acting in self-defense, Vijay hasn’t done anything wrong and is safe.
Important bits of information about BNS-17
People who do things that would normally be illegal can use BNS-17 as a legal defense if they are either allowed to by the law or honestly think, due to a mistake in the facts, that they are allowed by the law.
- This is allowed by law:
If someone does something that is legal, it is not considered an offense. The person is required by law to act, even if later it turns out that things were not what they seemed to be.
- Wrong Information:
When someone thinks they are following the law when they are not, they have made a mistake of fact. People are not responsible for the results of their actions if they do them in good faith and think the law allows it.
Trustworthiness:
The things that are done must be done with good intentions and not with bad intentions. If someone is acting in good faith, they really think they are following the law based on the facts they know.
- Legal Error:
This section does not cover mistakes of law, but it does cover mistakes of fact. It is assumed that everyone knows the law, and acting because you didn’t understand the law is not a legal defense.
- Illustration:
As shown in the example, A sees Z doing what looks like murder. A takes Z into custody to take him to the police because he thinks Z is a murderer. A does something in good faith and thinks the law allows him to (the legal right to arrest 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.
- The Goal:
BNS-17 is meant to protect people who are following the law or who think they are following the law when they are not. This makes sure that people aren’t unfairly punished for legal actions or honest mistakes in understanding the facts.
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.
