Which section of the Bharatiya Nyaya Sanhita, 2023 provides the general exception for an act done…
Section 16 of the Bharatiya Nyaya Sanhita, 2023 protects acts done pursuant to or warranted by a subsisting court judgment or order. If the court lacked jurisdiction, the…
Choose your answer
Which section of the Bharatiya Nyaya Sanhita, 2023 provides the general exception for an act done pursuant to a subsisting judgment or order of a court, subject to the section’s conditions?
Answer and explanation
Correct answer A
Section 16 of the Bharatiya Nyaya Sanhita, 2023 protects acts done pursuant to or warranted by a subsisting court judgment or order.
If the court lacked jurisdiction, the actor must have believed in good faith that it had jurisdiction.
Option feedback
Option A
Section 16 concerns acts done pursuant to a subsisting judgment or order.
Option B
Section 17 concerns acts justified by law or done under a qualifying good-faith mistake of fact.
Option C
Section 28 identifies circumstances where apparent consent does not count as consent for the relevant exceptions.
Option D
Section 29 excludes acts that are offences independently of the harm caused from the specified consent exceptions.
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