Section 14 BNS: Act done by a person bound, or by mistake of fact believing himself bound, by law
Bharatiya Nyaya Sanhita, 2023
Section 14 BNS at a Glance
Section 14 BNS deals with act done by a person bound, or by mistake of fact believing himself bound, by law. It replaced Section 76 IPC on 1 July 2024.
None. Section 14 BNS creates no offence.
Section 14 BNS Bare Act Text
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.
Source: Section 14, Bharatiya Nyaya Sanhita, 2023
Section 14 BNS in Simple Words
Section 14 of the Bharatiya Nyaya Sanhita (BNS) protects a person who does an act because he is bound by law to do it, or because by reason of a mistake of fact and not by reason of a mistake of law he in good faith believes himself to be bound by law to do it. When either condition is met, nothing done by that person is an offence. This general exception prescribes no punishment and operates as a complete defence.
In practice, the section covers soldiers, court officers, police officers, and others carrying out legal obligations, as well as someone who, after due enquiry, makes a factual mistake that leads him to believe the law binds him to act. In the statutory illustrations, a soldier who fires on a mob by the order of his superior officer in conformity with the commands of the law commits no offence, and an officer of a Court ordered to arrest Y who, after due enquiry, believes Z to be Y and arrests Z also commits no offence. The protection is never available for a mistake of law, and good faith requires due care and attention.
Ingredients of Section 14 BNS
- An act is done by a person
- The person is bound by law to do the act, or believes himself to be bound by law to do it
- The belief arises from a mistake of fact and not from a mistake of law
- The belief is held in good faith
Punishment Under Section 14 BNS
None. Section 14 BNS creates no offence.
None.
Section 14 BNS is a General Exception. It has no entry in the First Schedule to the BNSS.
Example of Section 14 BNS
When Section 14 BNS Does Not Apply
- The person made a mistake of law and not a mistake of fact
- The person did not believe in good faith that he was bound by law to do the act
- The belief was formed without due care and attention, so it was not in good faith under Section 2(11) BNS
Section 14 BNS in the IPC (Previous Law)
Section 14 BNS replaces Section 76 IPC from the old criminal code.
Section 14 BNS keeps the rule in the same words. The only change is in the second illustration, where an officer of a Court of Justice becomes an officer of a Court.
View IPC Section 76 โFAQs on Section 14 BNS
Does Section 14 BNS give complete immunity from criminal liability?โผ
Section 14 BNS protects an act only when the person is bound by law to do it, or in good faith believes himself bound by law to do it by reason of a mistake of fact. If the belief arises from a mistake of law or is held without good faith, the exception does not apply.
Can a police officer or court officer rely on Section 14 BNS?โผ
Yes. Under Section 14 BNS, an officer carrying out a legal duty, or acting under a mistake of fact in good faith believing himself bound by law to act, commits no offence. As the statutory illustration shows, an officer of a Court ordered to arrest Y who arrests Z after due enquiry believing Z to be Y commits no offence.
What is the difference between a mistake of fact and a mistake of law under Section 14 BNS?โผ
Section 14 BNS protects only a mistake of fact and explicitly excludes a mistake of law. A mistake of fact means being mistaken in good faith about the factual circumstances that make a person bound by law to act, whereas misunderstanding what the law requires is not protected.
Is Section 14 BNS still relevant under the Bharatiya Nyaya Sanhita (BNS), 2023?โผ
Yes. Section 14 BNS is the rule in force under the Bharatiya Nyaya Sanhita, 2023, protecting acts done by a person bound by law, or by reason of a mistake of fact and not by reason of a mistake of law in good faith believing himself bound by law to do it.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 ยท Last updated: 16 Oct 2026 ยท