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The proviso to section 78(1) of the Bharatiya Nyaya Sanhita, 2023 sets out circumstances in which…

The proviso recognises crime prevention or detection by a person entrusted with that responsibility by the State, conduct pursuant to law or a condition or requirement…

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The proviso to section 78(1) of the Bharatiya Nyaya Sanhita, 2023 sets out circumstances in which conduct does not amount to stalking. Which set contains all and only the grounds stated in the proviso?

I. The man acted to prevent or detect crime and the State entrusted him with that responsibility.
II. He acted under a law or to comply with a requirement imposed under a law.
III. His conduct was reasonable and justified in the particular circumstances.
IV. He believed his conduct would encourage the woman to agree to personal contact.

Select one answer
Answer and explanation

Correct answer D

The proviso recognises crime prevention or detection by a person entrusted with that responsibility by the State, conduct pursuant to law or a condition or requirement imposed under law, and conduct that was reasonable and justified in the circumstances. Proof of any one ground suffices. A belief that the woman may agree to personal contact is not itself a ground in the proviso.

Option feedback

Option A

The set omits the reasonable-and-justified ground and includes an unlisted belief.

Option B

The set omits the ground based on acting under a law or legal requirement and includes an unlisted belief.

Option C

The set omits the ground based on State-entrusted crime prevention or detection and includes an unlisted belief.

Option D

The set includes the three statutory grounds and excludes the unlisted belief.

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