Section 79 IPC: Act Justified by Law or by Mistake of Fact
Section 79 of the Indian Penal Code, 1860 was a General Exception for an act done by a person who was justified by law, or who because of a mistake of fact - and not a mistake of law - in good faith believed himself justified by law in doing the act.
What did Section 79 IPC provide?
Section 79 contained two related branches. First, it protected an act where the person was actually justified by law in doing it. Second, it protected a person who, because of a mistake of fact and acting in good faith, believed that the law justified the act. The statutory language expressly excluded a belief arising from a mistake of law.
Text of Section 79 of the Indian Penal Code, 1860
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.
Essential requirements of Section 79 IPC
- Actual justification by law: an act may fall within Section 79 when the person is in fact legally justified in doing it.
- Alternative protection for factual mistake: the section also addresses a person who mistakenly believes that circumstances exist which make the act legally justified.
- The mistake must be one of fact: the statutory wording expressly requires a mistake of fact for this branch of the exception.
- Good faith is required: the belief in legal justification arising from the factual mistake must be held in good faith.
- Mistake of law is excluded: Section 79 expressly states "not by reason of a mistake of law".
Actual justification and believed justification
| Situation | Section 79 position |
|---|---|
| The person is actually justified by law in doing the act. | This is directly covered by the first branch of Section 79. |
| The person is not actually justified because the perceived facts are incorrect, but in good faith believes the facts make the act legally justified. | This may fall within the mistake-of-fact branch of Section 79. |
| The belief arises from a mistake about what the law itself permits. | A mistake of law is expressly excluded by Section 79. |
Mistake of fact and mistake of law
The distinction is central to Section 79. A mistake of fact concerns the factual circumstances in which the person acts. A mistake of law concerns a misunderstanding of the legal rule itself. Section 79 expressly recognizes the former, when coupled with good faith and the required belief of legal justification, but excludes the latter.
Meaning of good faith under the IPC
The expression "good faith" was defined in Section 52 IPC. Under that provision, nothing was said to be done or believed in good faith if it was done or believed without due care and attention. Accordingly, the good-faith requirement in Section 79 was not merely a claim of honest belief; the IPC definition made due care and attention relevant.
Illustration to Section 79 IPC
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.
What does the illustration explain?
The illustration demonstrates the operation of a factual mistake. The circumstances appear to A to show that Z is committing murder, and A acts in good faith on that appearance by apprehending Z. If it later emerges that Z was actually acting in self-defence, the underlying factual appearance was mistaken. Section 79 explains why the act may nevertheless be protected where the statutory requirements are satisfied.
Section 76 and Section 79 IPC - difference
Section 76 IPC and Section 79 both dealt with mistake of fact and excluded mistake of law, but their formulations differed. Section 76 concerned a person who was bound by law, or in good faith because of a mistake of fact believed himself bound by law, to do the act. Section 79 concerned a person who was justified by law, or in good faith because of a mistake of fact believed himself justified by law, in doing the act.
Bound by law and justified by law
The distinction is useful when reading the two provisions together. Being "bound by law" concerns a legal obligation to act, whereas being "justified by law" concerns legal authority or justification for acting. The precise applicability of either exception depends on the facts and the legal rule governing the act.
Relationship with other General Exceptions
Section 79 formed part of the IPC's General Exceptions. Nearby provisions dealt with persons bound by law, judicial acts, acts pursuant to court judgments or orders, accidents in doing lawful acts, and acts done without criminal intent to prevent other harm. Each exception had its own statutory ingredients.
Key takeaway
Section 79 IPC protected an act actually justified by law and, separately, an act done by a person who in good faith, because of a mistake of fact, believed himself justified by law. The provision expressly excluded mistake of law, making the nature of the mistake and the good-faith requirement central to the exception.
This page explains the Indian Penal Code position before implementation of the Bharatiya Nyaya Sanhita, 2023. Application of a General Exception depends on the facts, evidence and law applicable to the relevant period.