Mistake as a Defense (Sections 14-20 BNS, 2023)

In criminal law, the defense of “mistake” can be used when an act is committed without awareness of certain facts that would negate the intent necessary for a crime. Mistake as a defense helps protect individuals who act without wrongful intent due to an error in understanding or perceiving specific facts. It is categorized into two main types: Mistake of Fact and Mistake of Law.

Types of Mistake

1. Mistake of Fact

• Definition: A “mistake of fact” occurs when a person has an honest and reasonable belief in a set of facts that, if true, would make their action lawful or innocent.
• Explanation: In the case of a mistake of fact, the individual’s misunderstanding of the facts surrounding their actions removes the wrongful intent required for a criminal offense. For instance, if someone mistakenly believes that they own a particular property and, based on that belief, they enter the property, they may not be criminally liable for trespass, as they acted without knowledge that they were trespassing.
• Key Points for Mistake of Fact:
  • Honesty: The belief must be genuinely held by the person committing the act.
  • Reasonableness: The belief must also be reasonable, meaning that an average person in similar circumstances could make the same mistake.
  • Impact on Intent: If this belief negates the criminal intent (mens rea) required for the offense, it may serve as a defense.
• Illustrative Case: