In which of the following the right of private defence of body does not extend to causing of death?
Ordinary wrongful restraint is not one of Section 100’s listed circumstances authorising death in defence of the body. Assault with intent to rape, kidnap or abduct is…
Choose your answer
In which of the following the right of private defence of body does not extend to causing of death?
Answer and explanation
Correct answer D
Ordinary wrongful restraint is not one of Section 100’s listed circumstances authorising death in defence of the body. Assault with intent to rape, kidnap or abduct is expressly included. Wrongful confinement is a different listed case, requiring the stated apprehension that public assistance for release cannot be obtained. All lethal defence remains subject to Section 99’s necessity and proportionality restrictions.
Current law: BNS Section 38 retains these distinctions and also includes the acid-attack category added to the IPC in 2013. A separately established reasonable apprehension of death or grievous hurt can itself engage the statutory right; restraint alone does not.
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