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Which provision of the Bharatiya Nyaya Sanhita, 2023 applies the maxim “Ignorantia facti excusat” where…

The Latin maxim “Ignorantia facti excusat, ignorantia juris non excusat” (mistake of fact excuses, mistake of law does not excuse) is embodied in Section 14 of the Bharatiya…

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Which provision of the Bharatiya Nyaya Sanhita, 2023 applies the maxim “Ignorantia facti excusat” where a person, because of a mistake of fact, believes in good faith that the law requires the act?

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Correct answer B

The Latin maxim “Ignorantia facti excusat, ignorantia juris non excusat” (mistake of fact excuses, mistake of law does not excuse) is embodied in Section 14 of the Bharatiya Nyaya Sanhita, 2023 (corresponding to erstwhile Section 76 of the Indian Penal Code, 1860), as well as Section 17 BNS (formerly Section 79 IPC). Under Section 14 BNS, nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be, bound by law to do it.

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Option A

Incorrect: Section 13 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 75 IPC) provides for enhanced punishment for certain offences after a previous conviction.

Option B

Correct: Section 14 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 76 IPC) embodies the maxim 'Ignorantia facti excusat' (mistake of fact excuses), excusing an act done by a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be, bound by law to do it.

Option C

Incorrect: Section 15 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 77 IPC) excuses the act of a Judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law.

Option D

Section 16 protects acts done in pursuance of a court’s judgment or order while it remains in force, subject to the statutory condition concerning good-faith belief in the court’s jurisdiction.

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