In which of the following the right to private defence of body does not extend to cause death of the…
Under Section 38 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 100 of the Indian Penal Code, 1860), the right of private defence of the body extends to voluntarily…
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In which of the following the right to private defence of body does not extend to cause death of the offender ?
Answer and explanation
Correct answer D
Under Section 38 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 100 of the Indian Penal Code, 1860), the right of private defence of the body extends to voluntarily causing death in cases of assault with the intention of gratifying unnatural lust (clause (d)), kidnapping or abduction (clause (e)), and throwing or administering acid causing reasonable apprehension of grievous hurt (clause (g)). Mere wrongful restraint does not fall within Section 38.
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