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Subject to the restrictions in section 37 of the Bharatiya Nyaya Sanhita, 2023, which pair identifies…

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 the restrictions in section 37 of the Bharatiya Nyaya Sanhita, 2023, which pair identifies one threat to the body and one threat to property for which 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 dwellings. Section 37 limits the force to what is necessary for defence.

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Option A

Reasonable apprehension of grievous hurt is listed in section 38(b). The simple trespass described does not meet section 41.

Option B

Robbery is listed in section 41(a), but an assault causing reasonable fear only of minor hurt is not enough on the facts stated.

Option C

The assault meets section 38(a). Ordinary theft without the specified apprehension does not qualify under section 41(d).

Option D

Section 38(a) covers reasonable apprehension of death from assault, and section 41(c) includes mischief by an explosive substance against a dwelling.

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