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An executioner carries out a death sentence in pursuance of a court order still in force and in good…

Section 16 applies to an act in pursuance of or warranted by a court judgment or order while it remains in force. It can apply even if the court lacked jurisdiction,…

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An executioner carries out a death sentence in pursuance of a court order still in force and in good faith believes that the court had jurisdiction. Which section of the Bharatiya Nyaya Sanhita, 2023 expressly protects acts done under a court order?

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Answer and explanation

Correct answer B

Section 16 applies to an act in pursuance of or warranted by a court judgment or order while it remains in force. It can apply even if the court lacked jurisdiction, provided the actor in good faith believed the court had it.

Option feedback

Option A

Section 15 concerns a judge acting judicially.

Option B

Section 16 expressly addresses acts done in pursuance of or warranted by a subsisting court order.

Option C

Section 17 concerns legal justification and a good-faith mistake of fact about that justification.

Option D

Section 14 is the more general exception for acts done by someone bound by law or who believes themselves bound through a good-faith mistake of fact.

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