Which of the following pairs of landmark judgment and corresponding offence under the Bharatiya Nyaya…
Independent Thought v. Union of India (2017) concerned the marital exception to the offence of rape where the wife is a minor below eighteen years of age—which is now…
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Which of the following pairs of landmark judgment and corresponding offence under the Bharatiya Nyaya Sanhita, 2023 is NOT correctly matched?
Answer and explanation
Correct answer A
Independent Thought v. Union of India (2017) concerned the marital exception to the offence of rape where the wife is a minor below eighteen years of age—which is now governed by Exception 2 to Section 63 of the Bharatiya Nyaya Sanhita, 2023—and not matrimonial cruelty under Section 85. Therefore, the first pair is not correctly matched. K.N. Mehra v. State of Rajasthan (1957) is a leading authority on the ingredients of theft (now Section 303 of the Bharatiya Nyaya Sanhita, 2023; formerly Section 378 of the Indian Penal Code, 1860); Bachan Singh v. State of Punjab (1980) is the landmark decision on the "rarest of rare" sentencing standard for murder (now Section 103; formerly Section 302); and State of Haryana v. Raja Ram (1973) is a leading judgment on "taking or enticing" in kidnapping from lawful guardianship (now Section 137; formerly Section 361).
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