What is Section 79 IPC? Act done by a person justified, or by mistake of fact believing himself justified, by law
Published on: Lawiz Team
Detailed explanation of Section 79 IPC: Act done by a person justified, or by mistake of fact believing himself justified, by law.
Official Legal Text
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.
What This IPC Section Means – Explained in Simple Words
An act done by a person who believes they are justified by law, or who mistakenly believes they are justified, is not an offence.
Purpose
To protect individuals who act in good faith under a belief of legal justification.
Bailable or Not Bailable & Punishment
Bailable: Not Applicable, Punishment: No punishment if the act is done by a person justified by law, or by mistake of fact believing himself justified.
Scope and Application
Applies to acts done under a mistaken belief of justification.
Important Legal Points
The belief must be based on a reasonable understanding of the law.
Illustrative Example
A person removing a fallen tree blocking a public road, believing they are allowed to do so.
Exceptions and Special Cases
Does not protect acts done with malicious intent.
Conclusion
Provides protection for good faith actions done under mistaken belief.
FAQs
What does Section 79 IPC define?
Act done by a person justified, or by mistake of fact believing himself justified, by law.
What is the legal scope of Section 79 IPC?
It defines how act done by a person justified, or by mistake of fact believing himself justified, by law is treated under Indian Penal Code.
When is Section 79 IPC applicable?
In cases involving act done by a person justified, or by mistake of fact believing himself justified, by law circumstances or actions.
Are there exceptions under Section 79 IPC?
It must be read with relevant general exceptions or contextual limitations.
Can you give an example related to Section 79 IPC?
Real case laws often refer to act done by a person justified, or by mistake of fact believing himself justified, by law in specific judgments.
Is Section 79 connected to any other IPC sections?
Yes, this section is often applied alongside related IPC provisions depending on the case.
How do courts interpret Section 79 IPC?
Courts interpret it in line with judicial precedent and legislative intent.