Bharatiya Nyaya Sanhita 2023
Section 17 :
Act done by a person justified, or by mistake of fact believing himself, justified, by law :
(See section 79 of IPC 1860)
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.
Indian Penal Code 1860 (IPC 1860)
Section 79 :
Act done by a person justified, or by mistake off act believing himself justified, by law:
(See section 17 of BNS 2023)
Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake off act 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.