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Which provision of the Bharatiya Nyaya Sanhita, 2023 gives effect to ignorantia facti excusat when a…

Section 14 excuses acts a person is legally bound to do and acts a person in good faith believes they are legally bound to do because of a mistake of fact. Section 17…

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Which provision of the Bharatiya Nyaya Sanhita, 2023 gives effect to ignorantia facti excusat when a person in good faith, by mistake of fact, believes the law requires the act?

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Correct answer B

Section 14 excuses acts a person is legally bound to do and acts a person in good faith believes they are legally bound to do because of a mistake of fact. Section 17 applies the related principle to a person who is, or on a good-faith mistake of fact believes they are, justified by law. A mistake of law does not satisfy either exception.

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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 14 expressly addresses the stated good-faith belief that the law requires the act.

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