Act done by a person justified, or by mistake of fact believing himself, justified, by law
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Summary
An act is not an offence if the actor is lawfully justified, or honestly and reasonably believes by a mistake of fact (not law) that they are justified. It applies when a person in good faith, using their best judgment, acts under that belief. Consequence: no criminal liability for that act.
Example
Priya sees Arjun striking someone and believes he is trying to kill them. In good faith she restrains Arjun and takes him to the police to be produced before the authorities. Even if Arjun was actually acting in self-defence, Priya has committed no offence because she reasonably and honestly believed she was justified.
Bare Act
Enacted textNothing 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.
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