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Section 17: Act done by a person justified, or by mistake of fact believing himself justified, by law.

The Bharatiya Nyaya Sanhita, 2023Central Act · Act 45 of 2023

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 judgment 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 authorities. A has committed no offence, though it may turn out that Z was acting in self-defence.

Where this provision sits

ActThe Bharatiya Nyaya Sanhita, 2023
Section17
Marginal noteAct done by a person justified, or by mistake of fact believing himself justified, by law.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it1

Judgments that turned on this provision

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