Subject to the limits in section 37 of the Bharatiya Nyaya Sanhita, 2023, which pair of offences is…
Section 41(a) and (b) of the Bharatiya Nyaya Sanhita, 2023 lists robbery and house-breaking after sunset and before sunrise. Section 41(d) includes theft, mischief or…
Choose your answer
Subject to the limits in section 37 of the Bharatiya Nyaya Sanhita, 2023, which pair of offences is expressly listed in section 41 as capable of justifying the voluntary causing of death in private defence of property?
Answer and explanation
Correct answer B
Section 41(a) and (b) of the Bharatiya Nyaya Sanhita, 2023 lists robbery and house-breaking after sunset and before sunrise. Section 41(d) includes theft, mischief or house-trespass where the circumstances reasonably create an apprehension of death or grievous hurt if the right is not exercised. Section 37 limits defensive force, including by necessity. Section 42 bars voluntarily causing death in defence of property against theft, mischief or criminal trespass outside section 41.
Option feedback
Option A
Robbery is listed. Simple theft without the specified reasonable apprehension does not qualify.
Option B
Both offences are expressly listed in section 41(a) and (b), subject to section 37.
Option C
House-breaking after sunset and before sunrise qualifies. The stated daytime trespass does not.
Option D
Neither simple criminal trespass nor theft without the specified reasonable apprehension qualifies.
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