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.
Simplified Explanation
Section 14 of the Bharatiya Nyaya Sanhita (BNS), titled “Act Done by a Person Bound, or by Mistake of Fact Believing Himself Bound, by Law,” addresses situations where a person commits an act under the belief that they are legally obligated to do so, or in situations where they genuinely mistake their actions as lawful because of a misunderstanding of the facts. This section provides protection from liability in cases where the person acted in good faith, thinking they were fulfilling a legal duty.
Key Points of Section 14
- Legal Obligation or Duty:
- This section applies to cases where a person performs an act because they believe they are legally required to do so. For example, a government official following a direct legal order might carry out actions they believe are mandatory under their official duties.
- Mistake of Fact Leading to a Belief of Obligation:
- The section also covers situations where a person, due to a mistake of fact (not law), genuinely believes that they are bound by law to perform the act. A mistake of fact occurs when someone misunderstands or is unaware of certain facts that lead them to believe their actions are legally justified.
- Good Faith Requirement:
- The protection offered by this section applies only if the person acted in good faith, with no intention to harm others or break the law. This means they must have had an honest belief in their duty or obligation, without any malicious intent or negligence in understanding their duties.
- Examples of Protected Actions:
- If a police officer, while enforcing the law, mistakenly arrests an individual who appears to meet the criteria for an arrest due to a factual misunderstanding (such as mistaking someone for a suspect based on provided information), this section could offer legal protection, provided the officer acted in good faith.
- Exclusions – Mistake of Law vs. Mistake of Fact:
- It is important to note that this section protects only mistakes of fact, not mistakes of law. A person cannot claim this defense if they misunderstand or misinterpret the law itself. The distinction between factual error and legal misinterpretation is crucial here.
- Judicial Review and Discretion:
- Courts examine whether the person’s belief in their legal obligation was reasonable under the circumstances. Judges assess the facts known to the person at the time and determine whether their belief in their duty was genuinely justified.
Purpose of Section 14
Section 14 aims to protect individuals who act in accordance with a perceived legal duty or obligation, as long as they act in good faith and without malicious intent. It acknowledges that individuals may make honest mistakes in understanding their legal responsibilities due to factual misunderstandings. This provision upholds fairness by preventing liability for actions taken under genuine, well-intentioned beliefs in legal obligations, while ensuring that malicious or negligent actions are not excused.
