IPC Section 79
Indian Penal Code (IPC) Section 79 – Act done by a person bound or justified by law
Text of Section 79 IPC:
"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."
Detailed Explanation:
Section 79 deals with legal justification or exemption from criminal liability when a person commits an act that would otherwise be an offence but does so:
In the exercise of a legal right or duty, or
Under an honest and reasonable belief (mistake of fact, not law) that they are justified by law in doing the act.
Key Points:
Act Done by Person Justified by Law:
If a person commits an act that is allowed or required by law (for example, a police officer making an arrest), that act is not an offence.
The law recognizes certain acts as lawful even though they might otherwise be criminal.
Mistake of Fact (Good Faith):
If a person honestly believes, based on a mistake of fact, that their act is justified by law, then they are not guilty.
For example, if someone takes a horse thinking it belongs to them (mistaken fact), they might not be liable for theft.
However, a mistake of law (ignorance of the law) is not a defense.
Good Faith is Essential:
The belief must be in good faith—honest and genuine.
If the mistake is deliberate or careless, this section won't apply.
Why is Section 79 Important?
It protects people who act within their legal rights or duties from being punished.
It also protects those who act under an honest mistake of fact, so long as it is reasonable.
This principle prevents unfair criminal liability when someone acts innocently or under legal authority.
Example to Illustrate:
A soldier firing on an enemy in a war is justified by law — not an offence.
A person uses force to protect themselves because they honestly believe they are under attack (self-defense justified by law).
A shopkeeper sells goods believing the buyer is genuine but later finds out the buyer had no intention to pay (the shopkeeper acted without offence due to mistake of fact).
Summary:
Acts done under legal authority or justification are not offences.
Honest mistakes of fact leading to belief of legality also exempt criminal liability.
Mistake of law (not knowing the law) does not excuse crime.
Protects lawful and good faith conduct from criminal charges.
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