Code: Section 17 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
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.
Explanation of Section 17 BNS
1. Purpose & Scope
This section provides legal protection to individuals who act under legal justification or who mistakenly but in good faith believe they are justified by law.
2. Key Conditions for Protection
- The act must be justified by law.
- If the act is based on a mistake of fact, the person must act in good faith.
- A mistake of law is not excusable.
Illustration & Examples
Example 1: Self-Defense Perception
A sees B attacking C with a knife. A, thinking B is committing a crime, physically restrains B. Later, it turns out B was acting in self-defense. Since A acted in good faith, A committed no offence.
Example 2: Lawful Arrest by a Citizen
X sees Y running away from a crime scene and hears people shouting “thief!” X catches Y and hands him over to the police. Later, Y is found to be innocent. However, since X acted in good faith, he is protected under Section 17 BNS.
Example 3: Security Guard’s Action
A security guard at a mall stops a person suspected of shoplifting based on CCTV footage. Later, it is discovered that the person paid for the items. Since the guard acted with lawful authority and in good faith, he cannot be prosecuted.
Common Questions & Answers on Section 17 BNS
1. What is the difference between a mistake of fact and a mistake of law?
- Mistake of Fact – A person misunderstands a fact, but acts in good faith (Protected under Section 17).
- Mistake of Law – A person misunderstands the law, which is not excusable.
2. Can a police officer rely on Section 17 BNS for wrongful arrests?
Yes, if the officer made the arrest based on a mistaken fact in good faith. However, if the arrest was due to misinterpretation of law, Section 17 does not apply.
3. Does Section 17 apply to private citizens?
Yes! Any person who acts under a legal justification or believes in good faith that they are justified is protected.
4. Can a mistake of fact defense be misused?
Courts determine good faith based on evidence. If a person intentionally ignores the truth, they cannot claim protection under this section.
5. How is Section 17 different from Section 14 BNS?
- Section 14 BNS protects persons bound by law to act in a certain way.
- Section 17 BNS protects anyone acting under legal justification or mistaken belief in good faith.
Conclusion
Section 17 BNS ensures legal protection for individuals who act lawfully or under a genuine mistake of fact. It promotes justice while preventing wrongful prosecution. However, mistakes of law are not excusable under this provision.
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