Section 17 of the Bharatiya Nyaya Sanhita (BNS), 2023
**Section 17 of the Bharatiya Nyaya Sanhita (BNS), 2023** addresses situations where an individual commits an act believing, in good faith, that they are legally justified in doing so. This provision ensures that such individuals are not unjustly penalized for actions taken under a genuine belief of legal justification.
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### ๐ 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."*([lawfyi.io][1])
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### โ๏ธ Key Provisions Explained
1. **Legal Justification**: An act is not considered an offence if it is performed by someone who is justified by law.([law4u.in][2])
2. **Mistake of Fact (Not Law)**: If an individual, due to a mistake of fact (not law), believes in good faith that their actions are justified by law, such a belief absolves them from criminal liability.([law4u.in][3])
3. **Good Faith Requirement**: The individual must act in good faith, meaning without any malice or ulterior motive.([ipclaws.in][4])
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### ๐งพ Illustration
A person witnesses what appears to be a murder and, in good faith, apprehends the alleged perpetrator, believing they are authorized to do so. Later, it is revealed that the situation was a case of self-defense. Despite the mistaken belief, the individual's actions are not considered an offence under Section 17.([law4u.in][3])
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### ๐ Significance
* **Protection of Honest Belief**: Section 17 safeguards individuals who act based on a genuine, albeit mistaken, belief that they are legally justified in their actions.([vakilsearch.com][5])
* **Distinction Between Mistakes**: The provision differentiates between mistakes of fact and mistakes of law, emphasizing that only mistakes of fact, made in good faith, provide a defense.([vakilsearch.com][5])
* **Encouragement of Vigilance**: By protecting those who act in good faith, the law encourages individuals to take necessary actions in situations where they believe intervention is required, without the fear of legal repercussions.([vakilsearch.com][5])
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### โ๏ธ Comparison with IPC
Section 17 of the BNS corresponds to **Section 79 of the Indian Penal Code (IPC)**, 1860, which provides a similar defense for acts done under a mistaken belief of legal justification. ([law4u.in][2])
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