Bharatiya Nyaya Sanhita, 2023 - Chapter III: General Exceptions
Section 14 BNS: Act Done by a Person Bound by Law or by Mistake of Fact
Section 14 of the Bharatiya Nyaya Sanhita, 2023 creates a general exception for an act done by a person who is legally bound to do it, or who in good faith, because of a mistake of fact and not a mistake of law, believes that the law requires the act.
Bare Act Text of Section 14 BNS
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.
Illustration (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.
Illustration (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.
Meaning and Scope of Section 14 BNS
Section 14 protects conduct in two closely related situations. First, it covers a person who is actually bound by law to do the act. Second, it covers a person who, because of a mistake of fact, honestly and with the legally required degree of care believes that the law binds him to do the act.
Conditions for the Section 14 Exception
| Requirement | Legal effect |
|---|---|
| Person is actually bound by law | An act done because the law requires it is not an offence if the statutory conditions are satisfied. |
| Alternatively, a mistake of fact exists | The person may be protected where the factual mistake causes the belief that the act is legally required. |
| The belief must be in good faith | Under Section 2(11) BNS, good faith requires due care and attention. |
| The mistake must not be a mistake of law | Section 14 expressly excludes a belief based merely on misunderstanding the law. |
Meaning of Good Faith Under Section 2(11) BNS
Section 2(11) of the BNS provides that nothing is said to be done or believed in "good faith" when it is done or believed without due care and attention. This definition is important because Section 14 does not protect every mistaken belief.
A person relying on a mistake of fact must therefore show that the belief was not careless or reckless. The statutory standard links good faith to the exercise of due care and attention in the circumstances.
Mistake of Fact Under Section 14
A mistake of fact concerns an incorrect belief about the factual circumstances in which the person acts. The second statutory illustration demonstrates this principle: the court officer has authority to arrest Y, makes due enquiry, but mistakenly believes Z to be Y and arrests Z.
Because the mistake concerns identity, which is a factual matter, and because the officer acts after due enquiry, the illustration treats the act as falling within the statutory exception.
Mistake of Law Is Excluded
Section 14 expressly says that the belief must arise from a mistake of fact and not from a mistake of law. A person cannot invoke this provision merely because he misunderstood what the law required, prohibited or permitted.
Statutory Illustrations Explained
Soldier acting under a lawful command
Illustration (a) concerns a soldier who fires on a mob under the order of a superior officer and in conformity with the law. Because the act is performed under a lawful duty, the illustration states that no offence is committed.
Court officer arrests the wrong person after due enquiry
Illustration (b) concerns a court officer ordered to arrest Y. After due enquiry, the officer mistakenly believes that Z is Y and arrests Z. The error relates to a fact, namely identity, and the officer has made due enquiry. The illustration therefore treats the officer as having committed no offence.
Section 14 BNS in Brief
Section 14 is a general exception for acts performed under legal compulsion or under a good-faith mistake of fact that causes the person to believe the law requires the act. The protection depends on the factual nature of the mistake and, where a mistaken belief is relied upon, the statutory requirement of good faith. A mistake of law is expressly excluded.
Related BNS Provisions
Section 14 begins Chapter III on General Exceptions and should be read with Section 15 on acts of a Judge acting judicially, Section 16 on acts done pursuant to a court judgment or order, Section 17 on acts justified by law or by mistake of fact, and Section 18 on accident in doing a lawful act.