Act done by a person bound by law or by mistake of fact believing himself bound by law
“Law protects those who act in good faith under legal duty.”
Meaning:
If a person performs an act honestly believing that the law requires him to do so — and that belief arises from a mistake of fact (and not a mistake of law) — then such an act is not an offence under Section 14 of the Bharatiya Nyaya Sanhita, 2023.
This provision safeguards individuals who act in good faith under legal obligation or under a mistaken belief of fact that they are bound by law to perform such an act.
Illustrations:
- A soldier fires on a mob under lawful orders from his superior officer, in accordance with the commands of the law. A has committed no offence.
- A court officer, ordered to arrest Y, after due enquiry, mistakenly arrests Z believing Z to be Y. A has committed no offence.
Main Point
Obedience to lawful authority and an honest mistake of fact provide legal protection against criminal liability.
Relevant Case Law:
State of West Bengal v. Shew Mangal Singh & Ors. (1981 AIR 1917, 1981 SCR (3) 294) In this case, the Supreme Court held that a public officer acting under the bona fide belief that he is performing his legal duty, and without any criminal intention, is protected under provisions similar to Section 14. The Court emphasized that good faith and reasonable belief are essential elements to claim protection under such sections.
Conclusion:
Section 14 of the Bharatiya Nyaya Sanhita embodies the principle that law does not punish an act done under a legal obligation or a genuine mistake of fact. It ensures protection for individuals performing their duties honestly and without malice.