Bharatiya Nyaya Sanhita, 2023
Section 14
Act done by a person bound, or by mistake of fact believing himself bound, by law
Nothing is an offence which is done by a person who is, 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, bound by law to do it. Illustrations.
(a) A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. A has committed no offence.
(b) A, an officer of a Court, being ordered by that Court to arrest Y, and, after due enquiry, believing Z to be Y, arrests Z. A has committed no offence.
Why this exists
This provision continues Section 76 of the old Indian Penal Code, 1860, drafted by Macaulay's Law Commission. The idea is old and universal in criminal law: people carrying out legal duties, or acting on a genuine and reasonable factual error while trying to comply with the law, should not be punished as criminals. It protects soldiers, police, and officials who act in good faith under legal authority, while making clear that ignorance of the law itself is never an excuse.
How courts read it
Under the identical IPC Section 76, courts held the mistake of fact must be honest and reasonable—not just claimed—and the person must actually believe they were legally bound to act. Courts have distinguished this from Section 79 (belief that act is justified by law) by focusing on situations where the person believes they are compelled/bound to act, such as soldiers following lawful orders or officials executing warrants. Reasonableness of the belief and due diligence (as in the arrest illustration) are examined case by case; a careless or unreasonable mistake does not qualify.
Common misconceptions
- Myth: This section lets you claim 'I didn't know it was illegal' as a defense.
Fact: It explicitly excludes mistakes of law—only mistakes of fact (like misidentifying a person) can be excused, and ignorance of the law is never a valid excuse. - Myth: Any mistaken belief, however careless, is protected under this section.
Fact: Courts require the mistaken belief to be made in good faith and after reasonable care or enquiry, as shown in the illustration where the officer conducts 'due enquiry' before arresting the wrong person.