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In which of the following circumstances the right of private defence of the body may extend to the…

Section 38 of the Bharatiya Nyaya Sanhita, 2023 (formerly section 100 IPC) expressly covers assaults intended to commit rape, gratify unnatural lust, or kidnap or abduct. In…

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In which of the following circumstances the right of private defence of the body may extend to the voluntary causing of death of assailant under the restrictions as contained in the Bharatiya Nyaya Sanhita, 2023:

1. An assault with the intention of committing rape

2. An assault with the intention of gratifying unnatural lust

3. An assault with the intention of kidnapping or abducting

4. Rioting

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Answer and explanation

Correct answer C

Section 38 of the Bharatiya Nyaya Sanhita, 2023 (formerly section 100 IPC) expressly covers assaults intended to commit rape, gratify unnatural lust, or kidnap or abduct. In those circumstances the right of private defence of the body can extend to causing death, subject to section 37. Rioting alone is not an independent listed ground, although conduct during a riot may separately create a qualifying threat.

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