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Subject to section 37 of the Bharatiya Nyaya Sanhita, 2023, which assault falls outside the grounds in…

Section 38 includes assaults reasonably causing apprehension of death or grievous hurt and an assault with intent to commit rape. Section 39 limits the defence to harm other…

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Subject to section 37 of the Bharatiya Nyaya Sanhita, 2023, which assault falls outside the grounds in section 38 for the right of private defence of the body to 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 and an assault with intent to commit rape. Section 39 limits the defence to harm other than death where no section 38 ground applies, subject to section 37.

Option feedback

Option A

An assault reasonably causing apprehension of death is an express ground in section 38.

Option B

An assault reasonably causing apprehension of grievous hurt is an express ground in section 38.

Option C

An assault with intent to commit rape is an express ground in section 38.

Option D

Reasonable apprehension of simple hurt alone is insufficient where no other section 38 ground applies.

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