Section 14 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 14 of the Bharatiya Nyaya Sanhita (BNS), 2023
📜 Text of Section 14
"Act done by a person bound, or by mistake of fact believing himself bound, by law."
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.
⚖️ Purpose and Significance
Section 14 of the BNS, 2023 provides a legal defense for individuals who commit acts that would otherwise be considered offences, but do so under the belief that they are legally bound to perform such acts. This section emphasizes that the act must be done in good faith and under a mistake of fact, not law.
This provision ensures that individuals who are acting under a genuine belief that they are fulfilling a legal duty are not unjustly penalized for their actions.
🔍 Practical Implications
Law Enforcement and Military Personnel: Officers and soldiers who perform their duties in accordance with orders and the law are protected under this section.
Judicial Officers: Court officers who execute orders, even if they make a mistake in identifying the person involved, are not liable for offences if they act in good faith.
Mistake of Fact vs. Mistake of Law: The section distinguishes between mistakes of fact (e.g., misidentifying a person) and mistakes of law (e.g., misunderstanding the legal implications of an action). Only mistakes of fact, made in good faith, are covered under this provision.
📚 Summary Table
| Aspect | Details |
|---|---|
| Provision Name | Section 14, BNS, 2023 |
| Purpose | To provide a defense for acts done under a genuine belief of legal obligation |
| Key Requirement | Act must be done in good faith under a mistake of fact, not law |
| Scope | Applies to individuals acting under orders or legal obligations |
| Legal Implications | Protects individuals from liability when acting under mistaken belief of duty |
📌 Conclusion
Section 14 of the BNS, 2023 ensures that individuals who commit acts under a genuine belief that they are fulfilling a legal duty are not unjustly penalized. This provision upholds the principles of justice by recognizing the importance of intent and belief in the application of the law.
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