Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 14: Act done by a person bound, or by mistake of fact believing himself bound, by law
Nothing is an offence which is done by a person who is, 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, bound by law to do it.
Illustrations:
- (a) A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. A has committed no offence.
- (b) A, an officer of a Court, being ordered by that Court to arrest Y, and, after due enquiry, believing Z to be Y, arrests Z. A has committed no offence.
Brief Detail
BNS Section 14 stipulates that an act is not considered an offence if it is performed by someone who, in good faith and due to a mistake of fact (not a mistake of law), believes they are legally bound to perform the act. This section protects individuals who act under a genuine misunderstanding of the facts, provided that their actions are in line with what they believe to be their legal obligations.
Question & Answers
Q1: What does BNS Section 14 state about offences committed under a mistaken belief?
A1: BNS Section 14 states that an act is not considered an offence if it is committed by someone who, due to a mistake of fact (and not a mistake of law), believes in good faith that they are bound by law to perform that act.
Q2: Does BNS Section 14 cover mistakes of law?
A2: No, BNS Section 14 only covers mistakes of fact, not mistakes of law.
Q3: Can you provide an example where BNS Section 14 applies?
A3: Yes, one example is a soldier who fires on a mob under the order of his superior officer, following the commands of the law. According to BNS Section 14, the soldier has not committed an offence.
Q4: What happens if an officer arrests the wrong person believing them to be the one they are ordered to arrest?
A4: According to BNS Section 14, if an officer arrests the wrong person after a due enquiry, believing them to be the person they were ordered to arrest, they have not committed an offence, as long as the mistake was due to a mistake of fact and not law.
Example
Example 1:
A police officer is ordered to arrest a person named X. After conducting an enquiry, the officer mistakenly believes that person Y is X and arrests Y. According to BNS Section 14, the officer has not committed an offence since the mistake was of fact and not of law.
Example 2:
A firefighter is instructed to extinguish a fire in a building that is believed to be an abandoned property. It turns out that the building was not abandoned but was mistakenly believed to be so. If the firefighter followed orders in good faith based on the mistaken belief, they would not be considered to have committed an offence under BNS Section 14.
Summary
BNS Section 14 protects individuals who perform acts under a genuine mistake of fact, provided that they act in good faith and believe themselves to be legally obligated to perform the act. Mistakes of fact are covered under this section, but mistakes of law are not.
