Which provision of the Bharatiya Nyaya Sanhita, 2023 applies when an executioner carries out a death…
Section 16 applies to an act done pursuant to a court judgment or order while it remains in force. If the court lacked jurisdiction, the protection depends on the actor’s…
Choose your answer
Which provision of the Bharatiya Nyaya Sanhita, 2023 applies when an executioner carries out a death sentence pursuant to a competent court’s order that remains in force?
Answer and explanation
Correct answer B
Section 16 applies to an act done pursuant to a court judgment or order while it remains in force. If the court lacked jurisdiction, the protection depends on the actor’s good-faith belief that the court had jurisdiction.
Option feedback
Option A
Section 15 concerns the judge acting judicially.
Option B
Section 16 addresses an act in execution of a subsisting court order.
Option C
Section 17 concerns acts justified by law or a good-faith mistake of fact about legal justification.
Option D
Section 14 concerns acts done under a legal duty or a good-faith mistake of fact about such a duty.
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