A person knows that an official is a public servant acting in good faith under colour of office. The…
Section 37(1)(a) excludes private defence on these cumulative conditions, so "There is no right of private defence against that act on these stated conditions", and "Private…
Choose your answer
A person knows that an official is a public servant acting in good faith under colour of office. The act does not reasonably cause apprehension of death or grievous hurt, though it is not strictly justified by law. Under BNS section 37, what follows?
Answer and explanation
Correct answer A
Section 37(1)(a) excludes private defence on these cumulative conditions, so "There is no right of private defence against that act on these stated conditions", and "Private defence necessarily permits killing the official" and "Any legal irregularity automatically authorises unlimited defensive force" are wrong. Explanation 1 preserves the significance of knowing that the actor is a public servant, but the protection is not an unconditional licence for malicious conduct or grave danger, so "The official's mere title removes private defence even if acting maliciously and threatening death" is wrong.
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