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 actually justified by law, or if he honestly and in good faith believes himself justified because of a mistake of fact (not a mistake of law). It applies when a person acts under a genuine factual belief that would make the act lawful. The consequence is protection from criminal liability.
Example
Ravi sees Arjun strike a man and, believing it is murder, detains Arjun to hand him to the police. If it later turns out Arjun was acting in self-defence, Ravi has committed no offence because he acted in good faith on a factual belief.
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.
Illustrations
(1) 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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