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Subject to section 37 of the Bharatiya Nyaya Sanhita, 2023, which pair gives one threat to the body and…

Section 38(a) covers an assault that reasonably causes apprehension of death. Section 41(c) covers mischief by fire or an explosive substance against specified premises,…

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Subject to section 37 of the Bharatiya Nyaya Sanhita, 2023, which pair gives one threat to the body and one threat to property for which the right of private defence may extend to causing death?

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Answer and explanation

Correct answer D

Section 38(a) covers an assault that reasonably causes apprehension of death.

Section 41(c) covers mischief by fire or an explosive substance against specified premises, including a dwelling.

Section 37 limits defensive force to what is necessary and sets other restrictions, including where there is time to seek protection from public authorities.

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Option A

The assault qualifies under section 38(b). The trespass described does not fall within the property grounds in section 41.

Option B

Robbery qualifies under section 41(a). The assault described does not meet a ground in section 38.

Option C

The assault qualifies under section 38(a). The theft described lacks the apprehension required by section 41(d).

Option D

The assault qualifies under section 38(a), and mischief by an explosive substance against a dwelling qualifies under section 41(c).

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