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Assume the requirements of section 37 of the Bharatiya Nyaya Sanhita, 2023 are met. In which situation…

Section 41 permits causing death in the listed cases, subject to section 37. The list includes robbery, specified fire or explosive mischief, and theft in circumstances…

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Assume the requirements of section 37 of the Bharatiya Nyaya Sanhita, 2023 are met. In which situation does the right of private defence of property not extend to causing death?

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Answer and explanation

Correct answer B

Section 41 permits causing death in the listed cases, subject to section 37. The list includes robbery, specified fire or explosive mischief, and theft in circumstances creating the stated reasonable apprehension.

The separate house-breaking category applies after sunset and before sunrise. Daytime house-breaking without apprehension of death or grievous hurt falls outside these grounds, so section 42 limits the right to harm other than death.

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Option A

The reasonable apprehension of grievous hurt if the right is not exercised brings this theft within section 41(d).

Option B

Daytime house-breaking does not meet section 41(b), and the facts supply no other section 41 ground. Section 42 limits property defence outside the listed cases to harm other than death.

Option C

Mischief by fire on a building used as a human dwelling is expressly covered by section 41(c).

Option D

Robbery is expressly covered by section 41(a).

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