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 Section 17 (Bharatiya Nyaya Sanhita, 2023)
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.
Key Points of BNS 17
Differences Between Section 17 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 17 of the Bharatiya Nyaya Sanhita (BNS) 2024 and its equivalent Indian Penal Code (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)
What offense is defined under BNS 17?
BNS Section 17 pertains to actions taken by individuals who believe, whether rightly or mistakenly, that they are legally justified in their actions.
Which chapter of the Bharatiya Nyaya Sanhita 2023 includes Section 17 of the BNS?
Section 17 of the BNS is part of Chapter III, which addresses general exceptions in the Bharatiya Nyaya Sanhita 2023 Act.
What is the significance of Section 17 in legal proceedings?
Section 17 is significant as it provides a defence for individuals who act under the belief that their actions are justified by law, thereby considering the intent behind the action.
How does a mistake of fact play a role in Section 17?
A mistake of fact can absolve a person from liability if it leads them to genuinely believe that their actions are legally justified.
Are there limitations to the defence provided by Section 17?
Yes, the defence is limited to situations where the belief in legal justification is reasonable and sincere, and does not extend to clearly unlawful actions.
Can Section 17 be invoked for all types of offences?
No, Section 17 specifically applies to offences where the individual's belief in being justified is relevant to their legal responsibility and intent.
How does Section 17 prevent misuse of authority during an arrest?
Section 17 prevents misuse of authority by mandating that law enforcement follow strict procedures, respecting the legal rights of the accused to avoid unlawful practices or coercion.
