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Which provision of the Bharatiya Nyaya Sanhita, 2023 specifically protects an executioner carrying out…

Section 16 protects acts done in pursuance of, or warranted by, a court judgment or order while it remains in force. The protection extends to an order issued without…

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Which provision of the Bharatiya Nyaya Sanhita, 2023 specifically protects an executioner carrying out a death sentence while the court's order remains in force?

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Correct answer B

Section 16 protects acts done in pursuance of, or warranted by, a court judgment or order while it remains in force. The protection extends to an order issued without jurisdiction if the person acting in good faith believes the court had jurisdiction. Sections 14 and 17 cover general legal duty and justification respectively. Section 15 protects a judge acting judicially.

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Option A

Incorrect. Section 15 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 77 of the IPC, 1860) protects the act of a Judge when acting judicially.

Option B

Correct. Section 16 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 78 of the IPC, 1860) provides that nothing which is done in pursuance of, or which is warranted by the judgment or order of, a Court of Justice, if done whilst such judgment or order remains in force, is an offence; this specifically protects an executioner (hangman) carrying out a court's sentence.

Option C

Incorrect. Section 17 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 79 of the IPC, 1860) covers an act done by a person justified, or by mistake of fact believing himself justified, by law.

Option D

Incorrect. Section 14 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 76 of the IPC, 1860) covers an act done by a person bound, or by mistake of fact believing himself bound, by law in general.

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