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A is a shopkeeper. Acting in good faith to protect his own business interests, A tells his manager B,…

Exception 9 to section 356(1) protects an imputation made in good faith to protect the maker’s own interests, another person’s interests or the public good. Illustration (a)…

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A is a shopkeeper. Acting in good faith to protect his own business interests, A tells his manager B, “Sell nothing to Z unless he pays cash, for I have no opinion of his honesty.” What is A’s liability under the Bharatiya Nyaya Sanhita, 2023?

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Correct answer D

Exception 9 to section 356(1) protects an imputation made in good faith to protect the maker’s own interests, another person’s interests or the public good. Illustration (a) applies this principle to the shopkeeper’s instruction to the manager. Here the question states that A acted in good faith to protect his own interests.

Option feedback

Option A

On the stated facts the good-faith, own-interest exception applies.

Option B

Section 83 concerns fraudulently going through a marriage ceremony without lawful marriage.

Option C

Section 351 concerns threats made with the specified intent. The instruction to require cash does not establish such a threat.

Option D

Good faith and protection of A’s interests bring the imputation within the ninth exception.

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