BNS Part 38 | SECTION 17 BNS | Dr. Jinesh Soni | 2024

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


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.