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Assume the restrictions in section 37 of the Bharatiya Nyaya Sanhita, 2023, are satisfied. Which act is…

Section 41(c) includes fire or explosive mischief against a building, tent or vessel used as a human dwelling or for keeping property.

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Assume the restrictions in section 37 of the Bharatiya Nyaya Sanhita, 2023, are satisfied. Which act is expressly listed in section 41 as capable of extending private defence of property to causing death, without a separate requirement of apprehension of death or grievous hurt?

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Answer and explanation

Correct answer A

Section 41(c) includes fire or explosive mischief against a building, tent or vessel used as a human dwelling or for keeping property.

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Option A

Section 41(c) includes fire or explosive mischief against a building, tent or vessel used as a human dwelling or for keeping property.

Option B

Ordinary mischief lacks the fire-or-explosive feature of section 41(c) and falls within section 41(d) only with its separate reasonable-apprehension condition.

Option C

Section 41(b) requires house-breaking after sunset and before sunrise. Daytime conduct can come within the separate qualified section 41(d) ground only on additional facts.

Option D

Theft falls within section 41(d) only with the specified reasonable apprehension of death or grievous hurt.

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