Act done by a person justified, or by mistake of fact believing himself, justified, by law
Section 79 of the Indian Penal Code, 1860 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 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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 79, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 17 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 The repealed enactment still governs what happened while it was in force.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 8
- ARUNACHAL PRADESH LOKAYUKTA ACT, 2014 (Act no. 7 of 2014) as amended in 2019 s. 35
- Himachal Pradesh Lokayukta Act s. 41
- Lokpal and Lokayuktas Act s. 46 Prosecution for false complaint and payment of compensation, etc., to public servant
- Manipur Lokayukta Act s. 46
- Meghalaya Lokayukta Act, 2014 (Act No. 4 of 2014) s. 47 Prosecution for false complaint and payment of compensation etc to public servant
- Mizoram Lok Ayukta Bill s. 45 Offences and Penalties
- Odisha Lokayukta Act s. 46
- Tamil Nadu Lokayukta Act s. 35 Prosecution for false complaint and payment of compensation, etc., to public servant
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
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 79
What have the courts held on Section 79 of the Indian Penal Code?
Aveek Sarkar vs State of West Bengal (03 Feb 2014) is the leading judgment on this section among those set out below: 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 79 of the Indian Penal Code?
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: IPC 79, section 79 IPC, section 79 of the Indian Penal Code. 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 79 of the Indian Penal Code, and has it changed?
8 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNS 17 (Act done by a person justified, or by mistake of fact believing himself justified, by law), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 79 of the Indian Penal Code come into force?
Section 79 of the Indian Penal Code, cited as IPC 79, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 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. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.