Section 335 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 335 of the Bharatiya Nyaya Sanhita (BNS), 2023 deals with:
"Act done by a person justified, or by mistake of fact believing himself justified, by law"
Legal 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.
Explanation:
This section provides protection from criminal liability to individuals who:
Act under legal justification, or
Act under a mistake of fact, genuinely believing their action is legally justified.
However, this protection does not apply if the mistake is related to the law (ignorance or misunderstanding of the law).
Example:
Mistake of Fact: A police officer arrests someone believing, based on information received, that the person is a wanted criminal. Later it turns out to be a case of mistaken identity. The officer is protected under this section.
Mistake of Law: If a person believes they can punish a thief themselves and causes serious injury, thinking it's legally allowed, they won’t be protected—because this is a mistake of law, not fact.
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