Question
Consider the following statements regarding general
exceptions under Chapter III of the Bharatiya Nyaya Sanhita, 2023: Statement 1: A person who acts under a genuine mistake of law (not of fact) in good faith is exempted from criminal liability. Statement 2: A child above seven years of age but below twelve years can commit an offence if they have attained sufficient maturity of understanding. Statement 3: A person acting under intoxication administered without their knowledge or against their will is exempted from liability for offences requiring specific intent. Statement 4: An act done by accident in the course of a lawful act, without criminal intention and with proper care, is not an offence. Which statements are correct?Solution
Statement 1 is incorrect—Section 14 explicitly provides exemption for "mistake of fact" and specifically excludes mistake of law: "by reason of a mistake of fact and not by reason of a mistake of law in good faith." Statement 2 is correct—Section 21 of BNS provides that a child above seven and below twelve is exempt if they haven't attained sufficient maturity of understanding. Statement 3 is correct—Section 23 exempts from liability if intoxication was "administered to him without his knowledge or against his will." Statement 4 is correct—Section 18 addresses accidents in lawful acts with proper care. Statements 2, 3, and 4 are correct.
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