Act done by a person justified, or by mistake of fact believing himself justified, by law
Section 17 of the Bharatiya Nyaya Sanhita, 2023 deals with 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. The Act came into force on 01 Jul 2024.
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.
Section 17, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 79 Act done by a person justified, or by mistake of fact believing himself, justified, by law Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Aveek Sarkar vs State of West Bengal
Decided under Indian Penal Code 79, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A publication or photograph depicting nudity or semi-nudity cannot be deemed obscene under Section 292 IPC merely because it shows nude or semi-nude figures. Obscenity must be determined by applying contemporary community standards, not the Hicklin test. The court must examine the photograph in the context of the message it seeks to convey and the background in which it appears. Only if the material has a tendency to excite lustful thoughts in the average person, judged by contemporary community standards, can it be considered obscene. If the material serves a higher social purpose such as protesting racism and promoting love across racial boundaries, and does not have inherent tendency to deprave or corrupt, it cannot be held obscene. The context, message, and purpose are integral to determining whether material is obscene.
On this section: General exception providing that nothing is an offense if done by a person justified by law or who in good faith believes himself to be justified by law. The Court noted this would be applicable if no offense is found under Section 292.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 17
What have the courts held on Section 17 of the Bharatiya Nyaya Sanhita?
Aveek Sarkar vs State of West Bengal (03 Feb 2014) is the leading judgment on this section among those set out below, though it was decided under IPC 79, which this section replaced -- the court never mentioned this Act: General exception providing that nothing is an offense if done by a person justified by law or who in good faith believes himself to be justified by law. The Court noted this would be applicable if no offense is found under Section 292.
How do I find court cases under Section 17 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 17, section 17 BNS, section 17 of the Bharatiya Nyaya Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Aveek Sarkar vs State of West Bengal (03 Feb 2014).
What should I read with Section 17 of the Bharatiya Nyaya Sanhita, and has it changed?
1 other provision in this corpus refers back to it. It carries forward IPC 79 (Act done by a person justified, or by mistake of fact believing himself, justified, by law), so the judgments decided under that provision are the case law on this one.
When did Section 17 of the Bharatiya Nyaya Sanhita come into force?
Section 17 of the Bharatiya Nyaya Sanhita, cited as BNS 17, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.