Section 17, Act done by a person justified, or by mistake of fact believing himself justified, by law, The Bharitya Nyaya Sanhita, 2023 (BNS)

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.

Comments

Section 17 of BNS, 2023 protects acts which are justified by law or are bona fide believed, by mistake of fact, to be justified by law. This can be understood by case of State of Andhra Pradesh v. N. Venugopal, the accused were all policeman, they arrested a person on the suspicion of receiver of stolen property and entered house by breaking it. Three days after arrest, arrested person was found dead. The accused were charged with offences under section 348, 331 and 201 of IPC. The HC stated that the act is justified. However, the Supreme Cour stated that there is no reasonable apprehension between the act and the provision. Therefore, the act is not justified.

Here in the above case, it can be seen that it is not justified anywhere in the law that a person can be killed for stealing property by police officers.

Corresponding Section

Section 17 of BNS, 2023 corresponds with section 79 of IPC, 1860.

Comments are written by Jeet Sinha

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