Consult an Expert
Business Setup
Prefer to talk to a business advisor first?
Book a call backTax & Compliance
Prefer to talk to a business advisor first?
Book a call backTrademark & IP
Prefer to talk to a business advisor first?
Book a call backDocumentation
Prefer to talk to a business advisor first?
Book a call backOthers
Prefer to talk to a business advisor first?
Book a call back
Consult an Expert
Business Setup
Tax & Compliance
Trademark & IP
Documentation
Others
More
Consult an Expert
Business Setup
International Business Setup
Company Name Search
Licenses & Registrations
Web Development
Tax & Compliance
GST and Other Indirect Tax
Changes in Pvt Ltd Company
Changes In Limited Liability Partnership
Mandatory Annual Filings
Labour Compliance
Accounting & Tax
Trademark & IP
Trademark
Design Registration
Documentation
Free Legal Documents
Business Contracts
Personal & Family
Notices
HR Policies
Others
Calculator
NGO Registration
NGO Compliance
Licenses & Registrations
Name Change & Other Conditiions
File an e-FIR
Marriage
File a Consumer Complaint
Lawyer Services
Login
BNS Section 17: Act Done by a Person Justified, or by Mistake of Fact Believing Himself Justified, by Law
Section 17 of BNS is part of CHAPTER 3 GENERAL EXCEPTIONS in Bharatiya Nyaya Sanhita 2023 Act. It deals with the protection that the law offers to the person acting on the belief that he is so justified by law. This section declares that nothing is done so as to constitute an offence by a person who has a mistaken belief that he is so justified by law or who, being mistaken in fact and not in law, believes himself to be so justified in good faith.
The very understanding of human judgement is highly complex, and one cannot avoid considering the possibility of misunderstandings regarding legal boundaries. To this end, the concept of intent and belief as relevant to liability has been incorporated into this section, so Section 17 supports the recognition of good faith in accordance with the principles of fairness and justice in the course of law.
Definition of BNS Section 17
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 judgement 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 authority.
Explanation and Illustration of BNS Section 17
This section clarifies that no offence is committed by those who are either legitimately justified by law or who, due to a mistake of fact (but not a mistake of law), believe in good faith that they are acting lawfully.
Explanation
Illustration
Consider a situation where A witnesses Z committing what appears to be a murder. Believing that Z is a murderer and acting within the legal framework that allows individuals to apprehend suspected criminals, A seizes Z in an effort to bring him before the proper authorities. In this case, A has committed no offence, as his actions were based on a good faith judgement that he was justified in intervening to stop a crime.
This section reinforces the notion that intent and belief are critical factors in determining legal responsibility, allowing individuals to act decisively in potentially dangerous situations while still being held accountable for their actions under the law.
Disclaimer:The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
Key Points of BNS 17
Differences Between Section 17 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 17 of the Bharatiya Nyaya Sanhita and its equivalent to IPC section 79, focusing on their distinct approaches .
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 17 | Act done by a person justified, or by mistake of fact believing himself justified, by law. | 79 | No change. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 17 of the Bharatiya Nyaya Sanhita (BNS)
Talk To Experts
Calculators
Downloads
By continuing past this page, you agree to our Terms of Service , Cookie Policy , Privacy Policy and Refund Policy © - Uber9 Business Process Services Private Limited. All rights reserved.
Uber9 Business Process Services Private Limited, CIN - U74900TN2014PTC098414, GSTIN - 33AABCU7650C1ZM, Registered Office Address - F-97, Newry Shreya Apartments Anna Nagar East, Chennai, Tamil Nadu 600102, India.
Please note that we are a facilitating platform enabling access to reliable professionals. We are not a law firm and do not provide legal services ourselves. The information on this website is for the purpose of knowledge only and should not be relied upon as legal advice or opinion.
