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In a city apartment, Arun strikes his wife Mira with an iron bar and raises it to strike her head…

The imminent iron-bar blow reasonably creates apprehension of death or grievous hurt, and the immediate, necessary response is within private defence under sections 34, 37…

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In a city apartment, Arun strikes his wife Mira with an iron bar and raises it to strike her head again. Before anyone can intervene, Mira stabs him once to stop the blow, killing him. Their adult son, an ordinary resident with no official reporting role, sees the incident and deliberately gives no information. Is the son liable under section 239 of the Bharatiya Nyaya Sanhita, 2023, for failing to report the death?

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Answer and explanation

Correct answer B

The imminent iron-bar blow reasonably creates apprehension of death or grievous hurt, and the immediate, necessary response is within private defence under sections 34, 37 and 38. Section 239 requires a legal duty to give information of an offence. The fatal act supplies no homicide offence to report under section 33 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Option feedback

Option A

The public reporting provision concerns specified offences. Eyewitness status alone does not make this death reportable.

Option B

The immediate threat of death or grievous hurt permits necessary defensive force, which may extend to causing death.

Option C

Intentional omission can be punishable only where the person already has a legal duty to give information of an offence.

Option D

The right can extend to causing death where the attack reasonably creates apprehension of death or grievous hurt.

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