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Subject to section 37 of the Bharatiya Nyaya Sanhita, 2023, section 38 lists circumstances in which…

Subject to section 37, section 38 covers assaults reasonably causing apprehension of death or grievous hurt, assaults intended to commit rape, gratify unnatural lust, kidnap…

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Subject to section 37 of the Bharatiya Nyaya Sanhita, 2023, section 38 lists circumstances in which private defence of the body may extend to causing the assailant’s death. Which description is absent as a standalone ground?

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Answer and explanation

Correct answer A

Subject to section 37, section 38 covers assaults reasonably causing apprehension of death or grievous hurt, assaults intended to commit rape, gratify unnatural lust, kidnap or abduct, and assaults intended to wrongfully confine someone where they may reasonably fear being unable to seek help from public authorities. Throwing or administering acid, or attempting either, also qualifies when it may reasonably cause apprehension of grievous hurt. The use of a deadly weapon can be relevant to reasonable apprehension, but is not a separate ground.

Option feedback

Option A

Correct. Use of a deadly weapon is not a standalone ground. The circumstances may nevertheless create a reasonable apprehension of death or grievous hurt under section 38(a) or (b).

Option B

Incorrect. 'An assault with the intention of committing rape' is expressly enumerated in clause (c) of Section 38 of the Bharatiya Nyaya Sanhita, 2023 (clause Thirdly of Section 100 IPC).

Option C

Incorrect. An assault intended to kidnap or abduct is listed in section 38(e).

Option D

Incorrect. An assault reasonably causing apprehension of death is listed in section 38(a).

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