Section 14 BNS: Act Done by Person Bound, or by Mistake of Fact Believing Bound by Law (Formerly Section 76 IPC)

Section 14 of Bharatiya Nyaya Sanhita: Act Done by Person Bound, or by Mistake of Fact Believing Bound by Law

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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. Ahas 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.

Legal Commentary & Landmark Judgments: Section 14

Section 14 establishes the general exception of an act done by a person bound, or by mistake of fact believing themselves bound, by law, codifying the historic defense of bona fide mistake of fact.

Bound by Law: Protects public officers and soldiers acting under direct legal compulsion (e.g. soldiers firing upon a mob under lawful command).
Mistake of Fact, Not Mistake of Law: Mistake must be one of FACT (ignorantia facti excusat); mistake of law (ignorantia juris non excusat) is NO defense.
Good Faith Requirement: The person must act in good faith, defined under Section 2(11) BNS as with due care and attention.

Key Landmark Precedents:

State of West Bengal v. Shew Mangal Singh (1981) 4 SCC 2: The Supreme Court held that subordinate police officers firing under the lawful command of their superior officer during a riot were protected under Section 76 IPC (Section 14 BNS), as they were bound by law to obey orders.
R. v. Tolson (1889) 23 QBD 168: The landmark common law authority: a bona fide mistake of fact on reasonable grounds will excuse an act otherwise criminal.

Courtroom Practice & Strategic Litigation Guidance:

In defending police officers or bank managers charged with wrongful restraint or unauthorized attachment, establish that they acted under a facially valid warrant of court in good faith; Section 14 BNS confers complete criminal immunity.

Section 14: Act Done by Person Bound, or by Mistake of Fact Believing Bound by Law

Section 14 of Bharatiya Nyaya Sanhita: Act Done by Person Bound, or by Mistake of Fact Believing Bound by Law

Legal Commentary & Landmark Judgments: Section 14