Section 14 of BNS: Act Done by a Person Bound, or by Mistake of Fact Believing Himself Bound, by Law
Section 14 of BNS is part of CHAPTER 3 GENERAL EXCEPTIONS in Bharatiya Nyaya Sanhita 2023 Act. It deals with the concept of 'acts done under duty' and the exemptions provided to individuals who, either believing in good faith that they are acting under legal compulsion or mistakenly thinking that their actions are being performed under legal compulsion, commit acts that may otherwise be deemed offences. This provision goes further to note that no offence is committed when a person acts in good faith believing they are under a legal duty to do something. This provision clearly explains the principle in Section 14, and thereby puts individuals out of reach for legal actions, considering they have acted with perceived obligations under law. The section underlines the importance of intent and belief in the determination of liability under the law using examples.
Definition of BNS Section 14
Nothing is an offence which is done by a person who is, 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, bound by law to do it.
Illustrations.
(a) A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. A has committed no offence
(b) A, an officer of a Court, being ordered by that Court to arrest Y, and, after due enquiry, believing Z to be Y, arrests Z. A has committed no offence.
Explanation and Illustration of Section 14 (Bharatiya Nyaya Sanhita, 2023)
Section 14 of the Bharatiya Nyaya Sanhita (BNS) 2024 clarifies the legal standing of actions taken by individuals who believe, either genuinely or due to a mistake of fact, that they are required by law to perform certain acts. This provision serves to protect those who act in good faith under the belief that they are fulfilling a legal obligation, ensuring that such actions do not result in criminal liability.
Explanation
Good Faith and Mistake of Fact:According to this section, nothing that is done under an honest belief—that is under a mistaken belief of fact, but not mistaken for a mistake in law—is done criminally.
So long as the act does not arise by virtue of an ignorance of the law, mistakes ought not to be criminal when the beliefs which have formed the basis of action upon them were mistaken beliefs respecting a man's legal duty, caused by defective evidence or defective communication.
Legal Duty:This provision provides protection to those acting in the course of their duties or under lawful orders. This encourages obedience to legal orders while preventing and reducing the fear of unjust prosecution for actions taken in the line of duty.
Example (a):
A soldier fires on a mob, as commanded by a superior officer, strictly in obedience to law. In this case, A has done nothing wrongful because his action was performed upon lawful command and an honest belief in his duty to prevent disorder.
Illustration (b):
It is an officer of a court who is directed to arrest someone, Y. Subject to subsection, having made a sufficient inquiry, the officer mistakenly believes Z is Y and arrests Z. In this case the arresting officer has not committed an offence because the arrest was made in good faith under the mistaken identity of the belief that there is a legal duty to do so.
Such examples clearly prove the point that what is critical and determining when an offence took place are intention and belief about an act. Section 14, therefore, is very relevant for bringing justice into people's lives since it appreciates the reality that human actions or behaviour may vary in complicated matters and thus not be held liable unreasonably with the occurrence of an offence.
Key Points of BNS 14
BNS-14 provides defense for individuals acting under the belief they are legally bound.
Mistake of Fact: No liability if acting in good faith, believing legally bound.
Mistake of Law: Not covered; everyone must know the law.
Good Faith: Must act with honest intentions, believing the action is required by law.
Illustrations:
Objective: Protects individuals from punishment when acting in good faith under mistaken belief.
Differences Between Section 14 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 14 of the Bharatiya Nyaya Sanhita (BNS) 2024 and its equivalent Indian Penal Code (IPC Section 76), focusing on their distinct approaches.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 14 | Act done by a person bound, or by mistake of fact believing himself bound, by law. | 76 | No change. |
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FAQs about Section 14 of the Bharatiya Nyaya Sanhita (BNS)
What offense is defined under BNS 14?
BNS Section 14 addresses acts performed by individuals who believe, either by obligation or due to a mistake of fact, that they are legally bound to act in a certain way.
Which chapter of the Bharatiya Nyaya Sanhita 2023 includes Section 14 of the BNS?
Section 14 is significant as it provides a legal defence for individuals who act under the belief that they are fulfilling a legal duty, thereby addressing issues of intent and culpability.
How does BNS 14 relate to the concept of mistake of fact?
BNS 14 emphasises that a genuine mistake of fact can absolve a person of liability if it leads them to act under the belief of being legally bound.
Are there limitations to the defence provided by Section 14?
Yes, the defence under Section 14 is limited to situations where the belief in being bound by law is reasonable and genuinely held.
Can Section 14 be invoked in all types of offences?
No, Section 14 specifically applies to certain offences where the individual's state of mind and belief are relevant to their legal responsibility.
