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Consider the following statements about the Bharatiya Nyaya Sanhita, 2023. 1. The maxim ‘Actus me…

Section 32 recognises a qualified exception where threats reasonably cause apprehension of instant death. Murder and offences against the State punishable with death are…

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Consider the following statements about the Bharatiya Nyaya Sanhita, 2023.

1. The maxim ‘Actus me invito factus non est meus actus’ is illustrated by section 32, which concerns compulsion by threats.

2. The maxim ‘de minimis non curat lex’ is reflected in section 33, which concerns slight harm. Which assessment is correct?

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Answer and explanation

Correct answer C

Section 32 recognises a qualified exception where threats reasonably cause apprehension of instant death. Murder and offences against the State punishable with death are excluded, and the proviso limits the exception where the actor voluntarily placed themself in the situation.

Section 33 applies where the harm is so slight that a person of ordinary sense and temper would not complain. These provisions reflect the two maxims.

Option feedback

Option A

Statement 2 is also true because section 33 addresses harm too slight for a person of ordinary sense and temper to complain of.

Option B

Statement 1 is also true because section 32 recognises a qualified exception for acts compelled by threats.

Option C

Section 32 gives effect to the compulsion principle within statutory limits. Section 33 recognises the exception for slight harm.

Option D

Neither statement is false. The provisions recognise qualified compulsion and slight harm respectively.

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