Under section 37(2) of the Bharatiya Nyaya Sanhita, 2023, what limit applies to harm caused in the…
Section 37(2) limits harm to what is necessary for defence. The defender may respond to a qualifying threat, but may not inflict extra harm as punishment.
Choose your answer
Under section 37(2) of the Bharatiya Nyaya Sanhita, 2023, what limit applies to harm caused in the exercise of private defence?
Answer and explanation
Correct answer B
Section 37(2) limits harm to what is necessary for defence. The defender may respond to a qualifying threat, but may not inflict extra harm as punishment.
Option feedback
Option A
Good faith does not lift the necessity limit in section 37(2).
Option B
Section 37(2) bars inflicting more harm than is necessary for defence.
Option C
The statutory test is defensive necessity, which does not require a completed injury of equal severity.
Option D
Private defence is protective. Once the danger has ended, punishment is outside the right.
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