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Which of these statements about the Bharatiya Nyaya Sanhita, 2023 are true? I. The maxim “Actus me…

Section 32 gives a qualified defence where a threat reasonably causes apprehension of instant death to the person compelled. It excludes murder and offences against the…

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Which of these statements about the Bharatiya Nyaya Sanhita, 2023 are true?

I. The maxim “Actus me invito factus non est meus actus” is reflected in the rule on compulsion by threats in section 32.

II. The maxim “de minimis non curat lex” is reflected in the rule on slight harm in section 33.

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Answer and explanation

Correct answer C

Section 32 gives a qualified defence where a threat reasonably causes apprehension of instant death to the person compelled. It excludes murder and offences against the State punishable with death. Its proviso also limits the defence where the person placed themselves in the position of constraint voluntarily or under apprehension of lesser harm. Section 33 covers harm too slight for a person of ordinary sense and temper to complain of it.

Option feedback

Option A

Statement II is also true because section 33 embodies the rule on slight harm.

Option B

Statement I is also true because section 32 recognises narrowly defined compulsion by threats.

Option C

Section 32 recognises qualifying compulsion and section 33 deals with slight harm.

Option D

Both statements correctly link a maxim to a statutory exception.

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