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)
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
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 79 | 17 |
| Offence | Act done by a person justified, or by mistake of fact believing himself justified, by law | Same |
| Punishment | None. Section 79 IPC creates no offence. | None. Section 17 BNS creates no offence. |
| Fine | None. | Same |
| Bail | Non-Bailable | Same |
| Cognizance | Non-Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
IPC 79 and BNS 17: Bare Act Text Side by Side
Section 79, IPC 1860
Section 17, BNS 2023
Ingredients: IPC 79 vs BNS 17
- 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
- The belief arises from a mistake of fact and not from a mistake of law
- The belief is held in good faith
- 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
- The belief arises from a mistake of fact and not from a mistake of law
- The belief is held in good faith
What IPC 79 to BNS 17 Means for Pending Cases
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 Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 79 IPC.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 ·