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Subject to section 37 of the Bharatiya Nyaya Sanhita, 2023, consider these assaults: I. An assault…

Section 38 includes assaults reasonably causing apprehension of death or grievous hurt, assaults intended to commit rape, and assaults intended to kidnap or abduct. Section…

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Subject to section 37 of the Bharatiya Nyaya Sanhita, 2023, consider these assaults: I. An assault reasonably causing apprehension of death or grievous hurt; II. An assault intended to commit rape; III. An assault intended to kidnap or abduct. Which are included in section 38, under which private defence of the body may extend to causing the assailant’s death?

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Answer and explanation

Correct answer D

Section 38 includes assaults reasonably causing apprehension of death or grievous hurt, assaults intended to commit rape, and assaults intended to kidnap or abduct. Section 37 still restricts the right, including the prohibition on inflicting more harm than necessary for defence.

Option feedback

Option A

The other two descriptions are included too.

Option B

The other two descriptions are included too.

Option C

The other two descriptions are included too.

Option D

Each description is included, subject to section 37.

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