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Introduction of BNS Section 14

The Bharatiya Nyaya Sanhita Section 14 has a section that protects people who do something because they think the law requires them to do it. This could be because they are actually required by law or because they mistakenly believe they are due to a misunderstanding of the facts.

The Bharatiya Nyaya Sanhita (BNS) Section 14 replaces the old Indian Penal Code (IPC) Section 76.



What is section 14 of BNS ?

BNS Section on Acts Done Under Legal Obligation or Mistake of Fact: This section says that if a person does something because they believe they are required by law, and this belief is based on a mistake about the facts (not the law), they will not be considered guilty of a crime.


BNS section 14 on acts done under legal obligation or mistake of fact.
BNS section 14 protects those acting under legal obligation or due to a factual mistake

BNS Section 14 in Simple Points

Following the Law: If someone is truly required by law to do something, they won’t be punished for it.

Mistake of Fact: If someone mistakenly believes they must do something because they misunderstood the facts, they won’t be guilty.

Good Intentions: The person must honestly believe they are doing the right thing according to the law.

No Punishment: If these conditions are met, the person won’t face criminal charges.

Practical Examples: For example, a soldier obeying orders or an officer arresting the wrong person by mistake.


Section 14 BNS Overview

In the Bharatiya Nyaya Sanhita (BNS), there is a provision similar to the one found in the Indian Penal Code (IPC), which addresses acts carried out by a person who is legally bound or who, due to a mistake of fact, believes they are bound by law. Below is a simple explanation of this provision under the BNS.

Provision Overview

  • Applicability: This provision applies to scenarios where a person commits an act either because they are legally obligated to do so or because they mistakenly believe, due to a factual error, that they are bound by law.
  • Mistake of Fact: If a person, due to a factual mistake (not a legal one), genuinely believes they are required by law to perform a certain action, they should not be held criminally liable.
  • Legal Bound Obligation: When an individual is genuinely under a legal duty to carry out an act, their actions are considered justified under the law.

Key Points

  1. Good Faith: The individual must act in good faith, believing their actions are legally required.
  2. Mistake of Fact, Not Law: The provision emphasizes that the mistake must be of fact, not a misunderstanding of the law itself.
  3. Protection from Criminal Liability: If the person meets these criteria, they are protected from criminal liability for their actions.

Examples and Illustrations

  • (a) Military Service: A soldier following orders during wartime, believing those orders are legally binding, even if mistaken about some facts, may be protected under this provision.
  • (b) An officer of the court, directed to arrest a person named Y, conducts an investigation and, due to a factual error, arrests Z, believing Z to be Y. Since the officer acted under a factual mistake while fulfilling a legal obligation, this action is not considered an offense.

Bharatiya Nyaya Sanhita Section 14

AspectExplanation
Legal Bound ObligationApplies when a person is legally required to act.
Mistake of FactProtects those who act based on a factual mistake, not a legal one.
Good Faith RequirementThe person must genuinely believe they are following the law.
Criminal Liability ProtectionShields individuals from prosecution under specific circumstances.
Bharatiya Nyaya Sanhita Section 14

BNS Section 14 FAQs

Can a person claim protection under this section for any mistake?

No, the mistake must be a mistake of fact, not of law.

Does this provision apply if someone knows they are breaking the law?

Is acting under orders always a defense?


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