Act done by a person justified, or by mistake of fact believing himself, justified, by law is defined under section 79 of ipc. Provisions under IPC section 79 explanation in the Act are:
What is Section 79 IPC:
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.
Illustrations:
- 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.
Explanation:
This section means that if a person does something in good faith believing him to be justified by law in doing so, under the mistake of fact and not mistake of law, it won’t be an offence.
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