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 person 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.
IPC Section 79: Simplified Explanation
IPC Section 79 of the Indian Penal Code (IPC) exonerates individuals from criminal liability for actions taken under the belief, justified by law or mistaken in fact (but not in law), that they were legally justified in doing those actions. This section is grounded in the principle that not all acts that would otherwise constitute an offence are punishable if the actor believed, in good faith, that their actions were legally justified.
Critical Aspects of IPC Section 79
- Justification by Law: If an act is explicitly justified by law, performing such an act cannot be considered an offence. This part is straightforward – it acknowledges that actions deemed necessary or permissible by law, even if they would ordinarily be offences, are not punishable.
- Mistake of Fact: The more nuanced application of Section 79 involves an error of fact. Suppose someone, in good faith, believes they are acting by the law because of a mistaken belief about the factual circumstances (not due to a misunderstanding of the law itself). In that case, they are also protected from criminal liability for their actions.
- Reasonable Faith Requirement: The belief in being justified by law to act must be in good faith, meaning it should be honest and based on reasonable grounds. The protection does not extend to willful blindness or negligence in ascertaining the facts.
- Distinction from Mistake of Law: This section does not apply to mistakes of law. The legal principle “ignorance of the law is no excuse” applies here, indicating that misunderstanding or ignorance of legal rules does not provide the same protection.
Illustration and Application
The illustration provided with Section 79 explains the principle clearly: If person A witnesses Z committing what A believes to be a murder and A apprehends Z based on this belief, A is acting under the justification provided by law to citizens for apprehending individuals committing severe crimes like murder. Suppose it later emerges that Z was acting in self-defence. In that case, A’s initial action of apprehending Z is not considered an offence because A acted under a mistaken belief of fact (that a murder was being committed) in good faith, thinking The law justified in doing so.
