Which of these provisions of the Bharatiya Nyaya Sanhita, 2023 does not use the expression “good faith”?
Section 28 specifies when apparent consent is ineffective. It covers fear of injury or misconception of fact where the person acting knows or has reason to believe the…
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Which of these provisions of the Bharatiya Nyaya Sanhita, 2023 does not use the expression “good faith”?
Answer and explanation
Correct answer B
Section 28 specifies when apparent consent is ineffective. It covers fear of injury or misconception of fact where the person acting knows or has reason to believe the source of the consent, inability to understand the nature and consequences due to unsoundness of mind or intoxication, and generally consent by a person under twelve. Sections 27, 30 and 31 use the expression “good faith”.
Option feedback
Option A
Incorrect. Section 27 uses “good faith” in the exception for certain acts benefiting a person under twelve or a person of unsound mind.
Option B
Correct. Section 28 describes when consent is ineffective and does not use the expression “good faith”.
Option C
Incorrect. Section 30 uses “good faith” in the exception for certain acts benefiting a person without consent.
Option D
Incorrect. Section 31 uses “good faith” in the exception for communications made for a person’s benefit.
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