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Subject to section 37 of the Bharatiya Nyaya Sanhita, 2023, what is the maximum harm the right of…

The maximum under section 38 is death of the assailant when the assault reasonably causes apprehension of death or grievous hurt. Section 37 still restricts the exercise of…

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Subject to section 37 of the Bharatiya Nyaya Sanhita, 2023, what is the maximum harm the right of private defence of the body may extend to against an assailant when an assault reasonably causes apprehension of death or grievous hurt?

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Answer and explanation

Correct answer B

The maximum under section 38 is death of the assailant when the assault reasonably causes apprehension of death or grievous hurt. Section 37 still restricts the exercise of the right, including by necessity.

Option feedback

Option A

Grievous hurt can fall within the right, but is not the maximum stated in section 38.

Option B

Section 38 permits voluntary causing of death to the assailant in the specified circumstances, subject to section 37.

Option C

Harm short of death is the ceiling under section 39 for assaults outside section 38.

Option D

Section 38 does not impose a ceiling below grievous hurt in the stated circumstances.

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