Section 14, Act done by a person bound, or by mistake of fact believing himself bound, by law, The Bharitya Nyaya Sanhita, 2023 (BNS)

Section 14. Act done by a person bound, or by mistake of fact believing himself bound, by law.—

Nothing is an offence which is done by a person who is, 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, bound by law to do it.

Illustrations.

(a) A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. A has committed no offence.

(b) A, an officer of a Court, being ordered by that Court to arrest Y, and, after due enquiry, believing Z to be Y, arrests Z. A has committed no offence.

Comments

Mistake of Fact occurs when an individual, acting under a genuine belief of facts, commits an act that would otherwise be an offense. Section 14 of BNS provides an exemption for mistake of facts done in genuine belief. There should not be presence of mens rea and a belief that the person is bound by law.

A person, who was charged the kidnapping of a minor girl, pleaded that he did so at the request of the girl’s mother, his defence was not accepted as he was not bound by law to obey the orders of mother to take the girl away.

In Dakhi Singh v. State, the accused arrested the deceased who was suspected of being a thief, and the deceased resisted the arrest. The accused used force which resulted in his death. Section 46 of CrPC gives police officer can use all necessary means to effect arrest. The court held that deceased was only suspected of theft.