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

Indian Penal Code, 1860

Section 79 IPC at a Glance

Section 79 IPC deals with act done by a person justified, or by mistake of fact believing himself justified, by law. From 1 July 2024 it is replaced by Section 17 BNS.

Punishment

None. Section 79 IPC creates no offence.

BNS Equivalent

Section 17 →

Section 79 IPC Bare Act Text

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.

Source: Section 79, Indian Penal Code, 1860

Section 79 IPC in Simple Words

Section 79 of the Indian Penal Code (IPC) protects a person who is justified by law, or who by a mistake of fact in good faith believes himself justified by law. Nothing is an offence which such a person does. A mistake of law does not bring a person within the section.

Ingredients of Section 79 IPC

  • 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

Punishment Under Section 79 IPC

Imprisonment

None. Section 79 IPC creates no offence.

Fine

None.

Section 79 IPC is a General Exception. It has no entry in the First Schedule to the CrPC.

Example of Section 79 IPC

In 2021 in Madurai, a watchman, Karthik Sundaram, saw a visitor, Naveen Pillai, forcing a crying child into a van near a school gate. Exercising due care and attention, Karthik Sundaram believed in good faith that Naveen Pillai was kidnapping the child, so he locked the gate and restrained him for the authorities. It later emerged that Naveen Pillai was the child's father rushing the feverish boy to a hospital. Because Karthik Sundaram acted in good faith by reason of a mistake of fact and not a mistake of law, believing himself justified by law, the act is not an offence because of Section 79 IPC.

When Section 79 IPC Does Not Apply

  • Section 79 IPC does not apply when the person acts under a mistake of law rather than a mistake of fact.
  • Section 79 IPC does not apply when the person acts without due care and attention and therefore does not believe in good faith that the law justifies the act.
  • Section 79 IPC does not apply when the act would still be unlawful even if the facts were exactly as the person supposed them to be.

Section 79 IPC in the BNS

Section 79 IPC is now covered under Section 17 BNS.

Section 17 BNS keeps the exception in the same words.

View detailed comparison (IPC 79 vs BNS 17) →

FAQs on Section 79 IPC

What does Section 79 IPC say?▼

That nothing is an offence which is done by a person who is justified by law, or who by a mistake of fact in good faith believes himself justified by law.

Does a mistake of law protect a person under Section 79 IPC?▼

No. The section speaks of a mistake of fact and not of a mistake of law.

What does good faith mean under Section 79 IPC?▼

Section 52 IPC says nothing is done in good faith which is done without due care and attention.

Is Section 79 IPC an offence?▼

No. It is a General Exception in Chapter IV, so an act within it is not an offence.

What is the BNS equivalent of Section 79 IPC?▼

Section 17 BNS, in the same words.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·