In which of the following the Right to Private Defence of Body extends to causing death of the assailant?
Under Section 38(c) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 100, Clause Thirdly of the Indian Penal Code, 1860), the right of private defence of the body…
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In which of the following the Right to Private Defence of Body extends to causing death of the assailant?
Answer and explanation
Correct answer B
Under Section 38(c) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 100, Clause Thirdly of the Indian Penal Code, 1860), the right of private defence of the body extends to voluntarily causing the death of the assailant if the assault is made with the intention of committing rape. By contrast, under Section 38(g), throwing or administering acid extends the right to causing death only when it reasonably causes the apprehension of grievous hurt rather than simple hurt, and sexual harassment or criminal intimidation alone do not fall within Section 38.
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