IPC § 79 · Indian Penal Code, 1860 · Repealed on 1 July 2024

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

Replaced from 1 July 2024 by BNS 17 of the Bharatiya Nyaya Sanhita, 2023. Offences committed on or before 30 June 2024 are still charged under the IPC.

The law now: BNS 17 — Act done by a person justified, or by mistake of fact believing himself justified, by law

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 persons 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.

Source: India Code (indiacode.gov.in). The Gazette of India is the authoritative text. BNS 17 in full

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