Subject to section 37 of the Bharatiya Nyaya Sanhita, 2023, which circumstance by itself does not allow…
Section 38(a) covers assault reasonably causing apprehension of death. Section 38(c) covers assault with intent to commit rape. Section 38(d) covers assault with intent to…
Choose your answer
Subject to section 37 of the Bharatiya Nyaya Sanhita, 2023, which circumstance by itself does not allow the right of private defence of the body to extend to causing the assailant's death under section 38?
Answer and explanation
Correct answer C
Section 38(a) covers assault reasonably causing apprehension of death.
Section 38(c) covers assault with intent to commit rape.
Section 38(d) covers assault with intent to gratify unnatural lust.
Intent merely to insult is not itself a ground in section 38.
Section 37 limits defensive harm to what is necessary and restricts the right in the circumstances specified there.
Option feedback
Option A
Section 38(a) lists an assault reasonably giving rise to apprehension of death.
Option B
Section 38(c) lists assault with the intention of committing rape.
Option C
Intent merely to insult is not a listed ground. The scenario supplies no other section 38 trigger.
Option D
Section 38(d) uses this wording for one of the listed assault triggers.
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