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Under section 15 of the Bharatiya Nyaya Sanhita, 2023, how is an act treated when a judge acts…

Section 15 protects a judge acting judicially in the exercise of a power that the law gives the judge or that the judge believes in good faith the law gives. In either case,…

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Under section 15 of the Bharatiya Nyaya Sanhita, 2023, how is an act treated when a judge acts judicially under a power conferred by law or believed in good faith to be conferred by law?

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Answer and explanation

Correct answer B

Section 15 protects a judge acting judicially in the exercise of a power that the law gives the judge or that the judge believes in good faith the law gives. In either case, the act is not an offence.

Option feedback

Option A

A good-faith belief that the law gives the power suffices when the judge is acting judicially.

Option B

Section 15 expressly provides that this judicial act is not an offence.

Option C

Section 15 does not require advance authorisation by a higher court.

Option D

Later reversal does not itself remove the exception. The statutory inquiry is into the exercise of judicial power and the specified good-faith belief.

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