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A court orders its officer X to arrest Y. After due enquiry, X in good faith mistakes Z for Y and…

Section 14 protects a person who, owing to a good-faith mistake of fact, believes the law binds them to act. Illustration (b) specifically concerns a court officer arresting…

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A court orders its officer X to arrest Y. After due enquiry, X in good faith mistakes Z for Y and arrests Z. Under the Bharatiya Nyaya Sanhita, 2023, what is X’s position on these facts?

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Answer and explanation

Correct answer C

Section 14 protects a person who, owing to a good-faith mistake of fact, believes the law binds them to act. Illustration (b) specifically concerns a court officer arresting the wrong person after due enquiry.

Option feedback

Option A

A good-faith mistake of identity after due enquiry can bring X within section 14.

Option B

Section 14 applies on the facts at the time of the arrest. It does not depend on Z’s later consent.

Option C

The order imposed a duty and X’s good-faith factual error concerned the person to whom that duty applied.

Option D

Section 14 distinguishes mistakes of fact from mistakes of law.

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