Section 14 of the Bharatiya Nyaya Sanhita (BNS) provides that if a person commits an act because they are legally bound to do so, or if they mistakenly but in good faith believe they are bound by law to do it, then it shall not be considered an offense. However, this protection applies only in cases of mistakes of fact, not mistakes of law.
Key Provisions:
No Offense if an Act is Done Under Legal Duty
If a person is legally required to perform an action, that action is not an offense, even if it results in harm.
No Offense if a Person Mistakenly Believes They are Bound by Law (Mistake of Fact)
If a person makes a factual mistake but genuinely believes they are acting under a legal obligation, they will not be held criminally liable.
This does not apply to mistakes of law—if someone misunderstands the law, they cannot claim this protection.
Illustrations:
Illustration 1: Soldier Following Orders
If A, a soldier, fires on a mob under the order of his superior officer, in compliance with the law, A has not committed an offense.
Illustration 2: Mistaken Identity in Arrests
If A, a court officer, is ordered to arrest Y but, after proper inquiry, mistakenly arrests Z believing him to be Y, A has not committed an offense.
How It Protects:
Protects individuals acting under legal authority from being punished for actions they were required to take.
Recognizes honest mistakes of fact, ensuring people are not unfairly prosecuted.
Prevents abuse by ensuring that ignorance of the law is not a valid defense.
Example:
A police officer arrests a suspect based on a valid warrant, but it later turns out to be the wrong person due to an honest identity mistake → No offense.
A government official seizes property believing it to be illegally owned, but it actually belongs to a lawful owner → No offense if done in good faith.
