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Dinesh closes a private cart-track across his orchard, honestly believing in good faith that he has a…

The Exception to section 126(1) of the BNS says that obstructing "a private way over land or water which a person in good faith believes himself to have a lawful right to…

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Dinesh closes a private cart-track across his orchard, honestly believing in good faith that he has a lawful right to close it. His neighbour Farhan, who uses the track, is unable to pass. What is Dinesh's liability under the BNS?

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Correct answer D

The Exception to section 126(1) of the BNS says that obstructing "a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct" is not an offence within that section. Farhan was not shut within any limits, so there is no wrongful confinement, and Dinesh acted on his own land, so there is no criminal trespass.

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