Indian Penal Code, 1860

Section 79: Act done by a person justified, or by mistake of fact believing himself, justified, by law

Repealed. Repealed from 1 July 2024. Use it for offences committed before repeal and other liabilities, investigations or proceedings preserved by BNS section 358; do not use it as the current general penal code.

Chapter IV — General Exceptions

79. 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.

Source: official text of the Indian Penal Code, 1860.