IPC 79 → BNS 17: Mistake of Fact (Justified)

Quick Summary: IPC 79 vs BNS 17

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 79 (Mistake of Fact (Justified)) is among the offences re-enacted by the Bharatiya Nyaya Sanhita, which reorganises and renumbers the old Indian Penal Code while keeping the core ingredients intact. Mistake of Fact (Justified) now maps to BNS 17, and the position below reflects the current bare act.

What did IPC 79 cover?

IPC 79 dealt with mistake of fact (justified) — act done by a person justified, or by mistake of fact believing himself justified, by law. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 17: What changed in the new law?

Section number changed, principle same. From 1 July 2024, new complaints relating to mistake of fact (justified) are filed under BNS Section 17, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 17

N/A - General Exception

Practical implications for advocates, police & citizens

• Advocates: For mistake of fact (justified), cite the current provision BNS 17 rather than the repealed IPC 79 in all matters arising on or after 1 July 2024.
• Police officers: Register new mistake of fact (justified) FIRs under BNS 17; procedure follows the BNSS.
• Law students & citizens: Use the IPC 79 to BNS 17 mapping when checking your position on mistake of fact (justified) under the new law.