IPC 79→BNS 17

IPC 79 to BNS 17: Act done by a person justified, or by mistake of fact believing himself justified, by law

Section 79 IPC (1860) replaced by Section 17 BNS (2023)

View IPC Section 79 →View BNS Section 17 →

IPC 79 to BNS 17 at a Glance

Section 79 IPC (Act done by a person justified, or by mistake of fact believing himself justified, by law) is now Section 17 BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 79 to BNS 17?

Section 17 BNS keeps the exception in the same words.

IPC 79 vs BNS 17: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section7917
OffenceAct done by a person justified, or by mistake of fact believing himself justified, by lawSame
PunishmentNone. Section 79 IPC creates no offence.None. Section 17 BNS creates no offence.
FineNone.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 79 and BNS 17: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 79, IPC 1860

79. Act done by a person justified, or by mistake of fact believing himself justified, by law.—Nothing 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.
BNS 2023 (in force)

Section 17, BNS 2023

Nothing 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.

Ingredients: IPC 79 vs BNS 17

Under IPC 79
  1. The act is done by a person who is justified by law in doing it, or who believes himself to be justified by law in doing it
  2. The belief arises from a mistake of fact and not from a mistake of law
  3. The belief is held in good faith
Under BNS 17
  1. The act is done by a person who is justified by law in doing it, or who believes himself to be justified by law in doing it
  2. The belief arises from a mistake of fact and not from a mistake of law
  3. The belief is held in good faith

What IPC 79 to BNS 17 Means for Pending Cases

For Section 79 IPC (now Section 17 BNS): nothing changes in the exception for a person justified by law or by a mistake of fact. Section 17 BNS keeps the words and the illustration.

FAQs: IPC 79 to BNS 17

Does the BNS keep the exception in Section 79 IPC?▼

Yes. Section 17 BNS says the same in the same words and keeps the illustration.

Where does Section 79 IPC sit in the BNS?▼

In Section 17 BNS, with the same heading, in Chapter III, General Exceptions.

Does Section 79 IPC or Section 17 BNS apply to an act done before 1 July 2024?▼

Section 79 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 79 IPC. Section 17 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·