As per the Bharatiya Nyaya Sanhita, 2023, which of the following statements is/are correct ? 1. Right…
Only the statement about necessary risk to innocent persons is correct. Under BNS Section 44, this extension applies against an assault reasonably causing apprehension of…
Choose your answer
As per the Bharatiya Nyaya Sanhita, 2023, which of the following statements is/are correct ?
1. Right of private defence extends to running the risk of harming innocent persons, if such a right cannot be effectually exercised without risk of such harm
2. Right to private defence of body is a right of a person to defend only his body, against any offence
3. Right to private defence does not extend to causing death to the assailant, if this right is exercised against an assault with intention of kidnapping Select the answer using the code given below :
Answer and explanation
Correct answer A
Only the statement about necessary risk to innocent persons is correct. Under BNS Section 44, this extension applies against an assault reasonably causing apprehension of death when effective defence cannot avoid that risk. Defence of the body includes defending another person, and an assault intended to kidnap or abduct is among the cases in which the right can extend to causing death, subject to the statutory restrictions.
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