Section 17 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 17 of the Bharatiya Nyaya Sanhita (BNS), 2023, is a provision under Chapter III titled "General Exceptions." It provides a legal defense for individuals who, in good faith, believe their actions are justified by law, even if they later turn out to be mistaken
Text of 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 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.
Key Elements of Section 17
Legal Justification: An individual is not considered to have committed an offence if their actions are justified by law.
Mistake of Fact (Not Law): If a person, due to a mistake of fact and not of law, believes in good faith that their actions are justified, they are not liable for an offence.(
Good Faith: The belief in justification must be genuine and based on the facts as the person understands them, not on a misunderstanding of the law.
Comparison with Indian Penal Code (IPC)
Section 17 of the BNS, 2023, is similar to Section 79 of the Indian Penal Code, 1860, which provides a similar defense for actions done in good faith under a mistaken belief of fact. This alignment indicates a continuity in the legal framework concerning general exceptions.
Significance
Section 17 plays a crucial role in ensuring that individuals are not unjustly penalized for actions taken under a genuine belief that they are acting lawfully. It underscores the importance of intent and understanding in determining criminal liability. By acknowledging mistakes of fact made in good faith, the provision promotes fairness and justice within the legal system.(
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