Which provision of the Bharatiya Nyaya Sanhita, 2023 protects an act done pursuant to a court judgment…
Section 16 protects acts warranted by a court judgment or order while it remains in force, even if the court lacked jurisdiction, provided the actor in good faith believed…
Choose your answer
Which provision of the Bharatiya Nyaya Sanhita, 2023 protects an act done pursuant to a court judgment or order while it remains in force, where the actor in good faith believes that the court had jurisdiction?
Answer and explanation
Correct answer C
Section 16 protects acts warranted by a court judgment or order while it remains in force, even if the court lacked jurisdiction, provided the actor in good faith believed it had jurisdiction. Section 15 addresses a judge acting judicially; sections 14 and 17 concern being bound or justified by law, including the specified good-faith mistake of fact.
Option feedback
Option A
Section 14 concerns being bound by law or a good-faith mistake of fact about being bound.
Option B
Section 15 concerns the judge acting judicially, rather than execution of the order.
Option C
Correct: section 16 supplies this specific protection for execution of a subsisting judgment or order.
Option D
Section 17 concerns justification by law or good-faith mistake of fact about justification.
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