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

• SUSHIL ANSAL vs STATE THROUGH CBI — Supreme Court of India (2014)
• JASWANTRAI MANILAL AKHANEY vs THE STATE OF BOMBAY — Supreme Court of India (1956)
• The State of Maharashtra vs Nazir Javed Khan & Ors — Bombay High Court (Mumbai Principal Seat) (2019)

Old <-> New Code Mapping

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