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Subject to section 37 of the Bharatiya Nyaya Sanhita, 2023, when can an assault intended to wrongfully…

Section 38(f) requires a reasonable apprehension of being unable to have recourse to public authorities for release.

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Subject to section 37 of the Bharatiya Nyaya Sanhita, 2023, when can an assault intended to wrongfully confine a person extend that person's right of private defence of the body to causing death under section 38(f)?

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Answer and explanation

Correct answer A

Section 38(f) requires a reasonable apprehension of being unable to have recourse to public authorities for release.

Option feedback

Option A

Section 38(f) requires a reasonable apprehension of being unable to have recourse to public authorities for release.

Option B

The clause expressly requires the reasonable apprehension about public authorities, which these facts exclude.

Option C

The existence of a separate property offence does not establish the public-authority condition for this body-defence ground.

Option D

The statutory test is reasonable apprehension. It does not require the person to exhaust every possible means of seeking help.

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