IPC Section 79 — Act done by a person justified, or by mistake of fact believing himself, justified, by law

Summary

An act is not an offence if the person doing it is legally justified to do so. It is also not an offence if the person honestly believes they are legally justified, as long as that belief comes from a mistake about the facts, not from a mistake about what the law says.

Official Text

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.

Related Judgments

• S.C.R. 571 SUSHIL ANSAL v. STATE THROUGH CBI — Supreme Court of India (2014)
• ORISSA v. B. BARIK — Supreme Court of India (1987)
• S.C.R. 263 AVEEK SARKAR & ANR v. STATE OF WEST BENGAL & ORS — Supreme Court of India (2014)
• RAJKAPOOR S/O PRITHVIRAJ KAPOOR v. LAXMAN S/0 KISHANLAL GAVAI D — Supreme Court of India (1980)
• S.C.R. 138 SATYAVIR SINGH RATHI v. STATE THR. C.B.I — Supreme Court of India (2011)
• JASWANTRAI MANILAL AKHANEY v. THE STATE OF BOMBAY — Supreme Court of India (1956)
• WEST BENGAL v. SHEW MANGAL — Supreme Court of India (1982)
• Petitioner vs A.Kalaiselvan — Madras High Court (2006)

Old <-> New Code Mapping

• BNS §17 — Act done by a person justified, or by mistake of fact believing himself justified, by law