Section 17 of the Bharatiya Nyaya Sanhita (BNS) states that if a person commits an act that is legally justified, or if they mistakenly but in good faith believe they are justified by law, then it is not an offense. However, this applies only to mistakes of fact, not mistakes of law.
Key Provisions:
Acts Justified by Law
If a person performs an act that the law permits, it does not constitute an offense.
Acts Done Under a Mistake of Fact in Good Faith
If a person mistakenly but in good faith believes they are justified in acting under the law, they will not be criminally liable.
This protection does not apply to mistakes of law if someone misinterprets the law, they cannot claim this defense.
Illustration:
Illustration: Arrest Based on Good Faith Judgment
A sees Z commit what appears to be a murder.
A, believing in good faith that the law allows him to detain murderers, captures Z and hands him over to the authorities.
Later, it is discovered that Z was acting in self-defense, meaning no murder occurred.
Despite this, A is not guilty of an offense because he acted in good faith based on a factual mistake.
How It Protects:
Provides legal protection for individuals who act in good faith based on the facts available to them at the time.
Ensures that individuals do not face criminal liability for honest mistakes while attempting to uphold the law.
Prevents abuse of legal justification by excluding mistakes of law as a valid defense.
Example:
A security guard detains a person who appears to be stealing but later learns they were retrieving their own property → No offense if done in good faith.
A doctor administers emergency treatment believing a person is injured, but later finds out the person was only unconscious → No offense because the act was done in good faith.
