Under section 37(1)(a) of the Bharatiya Nyaya Sanhita, 2023, which act falls within the restriction on…
Section 37(1)(a) of the Bharatiya Nyaya Sanhita, 2023 takes away the right of private defence against an act done, or attempted to be done, by a public servant acting in…
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Under section 37(1)(a) of the Bharatiya Nyaya Sanhita, 2023, which act falls within the restriction on private defence? Assume the person affected knows that the actor is a public servant.
Answer and explanation
Correct answer C
Section 37(1)(a) of the Bharatiya Nyaya Sanhita, 2023 takes away the right of private defence against an act done, or attempted to be done, by a public servant acting in good faith under colour of his office, though the act may not be strictly justifiable by law, provided the act does not reasonably cause apprehension of death or grievous hurt. An act attempted in good faith under colour of office without such apprehension therefore falls within the restriction. An act that reasonably causes apprehension of grievous hurt, an act done outside colour of office, and an act done in bad faith each lack a condition of the clause, so the right of private defence is not restricted by it.
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