Section 14 Bharatiya Nyaya Sanhita (BNS)

Section 14: Act done by a person bound, or by mistake of fact believing himself bound, by law

An action that one performs in the belief that it is a legally compulsory behaviour, done either under a factual misconception or a legal misapprehension, is not a crime.

As pointed out by BNS Section 14, an officer commits no offence if, following a due inquiry, he arrests someone wrongfully believing he was ordered to arrest that particular person, provided this is a mistake of fact and not law.

Examples:

• Soldier A shootings with a purpose ordered by his superior officer against a rioting crowd. A has not committed any offence.
• Upon obtaining a writ of arrest against Y, A, a police officer, carries out necessary investigations and arrests Z, concluding Y is Z. A has not committed any offence.

What is Section 14?

As per the provisions of BNS Section 14, a person does or does not a criminal act if such person wordlessly acts in good faith and with a factual rather than legal error in the belief that the person is lawfully bound to do that act. This paragraph serves to protect those who act under the genuine appraisal of the facts, as long as their conduct conforms with what they understand to be the law.

Example : 

• A police officer causes an arrest warrant to be issued for X. After some time and without any tangible fact, the officer suspects Y in place of X and consequently arrests Y. The officer is found not guilty of any crimes by virtue of Section 14 of the BNS as the mistake was of fact and not of law.

• A certain unoccupied structure is said to be engulfed in flames, and firefighters are dispatched to attend to the matter. However, the said structure was not in reality unoccupied but was only mistakenly thought to have been unoccupied. BNS Section 14 absolves the firefighter of any offence if the practical directions were followed in an honest mistake.

Section 14 of BNS in Simple Points

• Understanding the law 

In such case, there shall not be any liability, where a person behaves in compliance with the legal requirements and acts in good faith. 

• Mistake of Fact

A person will not be convicted for committing an offence if he performs an act because he believes he is obliged to do so in relation with an untrue fact. 

• Subjective Good Faith 

One should be equally convinced that the performance of the act is justifiable in terms of the law.

• No conviction 

In case those criteria are fulfilled there will be no criminal liability imposed on the person.

• Concrete situations

An officer mistakenly makes an arrest or a soldier follows a confrontation.

Acts Performed in Response to Legal Requirements or Fact Errors in BNS

In the same as the Indian Penal Code (IPC), the Bharatiya Nyaya Sanhita (BNS) has a provision regarding acts done by a person who is under a duty or who believes himself bound by the law, albeit mistakenly. The gist of this BNS clause shall be put down here below.

Overview of Provisions

• Application

This provision addresses situations where an individual either takes action under compulsion of the law or where due to erroneous facts such individuals may falsely assume the action to be taken under compulsion of law.

• Mistake of Fact 

It is the position of the law that a person should not be charged with any offence where he or she carries out an activity that he or she sincerely believes is lawful but where the belief is incorrect because it is faulty in fact, and not in law.

• Legal Bound Obligation 

The action, or performance of certain activities for a person under some law can’t be taken to mean that the individual has breached any law or statute.

Important Points

• Good Faith 

The person has to have certain beliefs which justify for example acting as if a given conduct is lawful.

• Error of Reality, Not Law 

The definition excludes any law based errors from its ambit as the error in question has to be factual.

• Protection from Criminal Liability 

An individual is exonerated from criminal prosecutions for his or her actions provided certain elements are satisfied.

Mistake of Fact & Mistake of Law

• Mistake of Fact

Any individual is of a firm belief owing to some misconceptions about the prevailing circumstances that conducting certain activities is within his rights and that refraining from such activities would be contrary to his rights. In that situation, that individual would not have been guilty of committing an offence. 

• Mistake of Law

This part does not deal with mistakes of law as it presupposes everyone is aware of the law.

Aspect	Explanation
Legal Bound Obligation	applies when someone is obligated by law to do action.
Mistake of Fact	shields people who take action based on an error in fact rather than a legal one.
Good Faith Requirement	The individual has to sincerely think they are abiding by the law.
Criminal Liability Protection	protects people from prosecution in certain situations.

Examples

• Military Service: This clause may provide protection to a soldier who, while being misinformed about certain facts, obeys orders during a conflict and believes them to be legally binding.

• In an incident where the court official is asked to arrest Y, the court official investigates and through error arrests Z believing Z to be Y. This act is not construed as a crime in that the officer was performing a lawful duty despite being in error.

Conclusion

Section 14 of the Bharatiya Nyaya Sanhita (BNS) extends considerable protection to the individuals who act on specific facts in good faith but are in fact mistaken on the facts, not on the law. It ensures to the effect that no person who is acting in the performance of a lawful duty or otherwise in accordance with the law shall be disabled from doing so or penalised merely because of an error of fact and not an error of law. 

As such this provision serves to maintain justice in those situations where the legal duty is performed in a mistaken sense by providing protection to persons from being prosecuted unduly and recognising the importance of the concept of good faith subjectively.

Frequently Asked Questions on Section 14 Bharatiya Nyaya Sanhita (BNS)

Q1. What is Section 14 of the Bharatiya Nyaya Sanhita (BNS)?
Ans1. Section 14 of the Bharatiya Nyaya Sanhita (BNS) states that a person who acts under the mistaken belief of fact, thinking they are legally bound to perform the act, will not be held criminally liable.

Q2. How does Section 14 of the BNS protect individuals acting under legal obligations?
Ans2. Section 14 protects individuals from criminal liability when they act under a factual misconception, believing they are fulfilling a legal obligation, provided the mistake is of fact and not law.

Q3. What is the difference between a mistake of fact and a mistake of law in Section 14 of the BNS?
Ans3. A mistake of fact refers to an incorrect belief about a factual situation, while a mistake of law refers to an incorrect understanding of the law. Section 14 only applies to mistakes of fact.

Q4. Can a police officer be protected under Section 14 of the BNS?
Ans4. Yes, a police officer who makes an arrest based on a mistaken identity, under the belief that they are fulfilling a legal duty, is protected from criminal liability under Section 14 of the BNS.

Q5. Does Section 14 of the BNS apply to soldiers following orders?
Ans5. Yes, soldiers following orders, even if based on a mistaken understanding of facts, are not considered to have committed a crime under Section 14 of the BNS, as long as the error is factual and not legal.

Q6. What is the significance of good faith in Section 14 of the BNS?
Ans6. Good faith is essential under Section 14. The person must genuinely believe that their actions are consistent with the law and that they are legally bound to perform those actions.

Q7. Are all actions performed under legal orders protected by Section 14 of the BNS?
Ans7. No, only actions taken under a factual mistake are protected. If the mistake is related to the law, the individual will not be protected under Section 14.

Q8. How does Section 14 of the BNS apply in situations of emergency, like firefighting?
Ans8. Section 14 of the BNS absolves firefighters and other emergency responders from criminal liability if they act under a mistaken belief, such as thinking a building is unoccupied when responding to a fire.

Q9. What is the role of subjective good faith in Section 14 of the BNS?
Ans9. Subjective good faith means the individual sincerely believes their actions are legally justified. This is a crucial factor for protection under Section 14 of the BNS.

Q10. Can Section 14 of the BNS be invoked for mistakes of law?
Ans10. No, Section 14 cannot be invoked for mistakes of law. The protection is strictly for mistakes of fact, as it is assumed that everyone knows the law.

Q11. What was the old IPC code for Section 14 of BNS 2023?

Ans11. In the Indian Penal Code, punishment of person guilty of several offences was covered in Section 72.