Under Section 38 of the Bharatiya Nyaya Sanhita, 2023, the right of private defence of the body extends…
Under Section 38(e) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 100 Fifthly of the Indian Penal Code, 1860), subject to the restrictions in Section 37, the right…
Choose your answer
Under Section 38 of the Bharatiya Nyaya Sanhita, 2023, the right of private defence of the body extends to voluntarily causing death in the case of:
Answer and explanation
Correct answer A
Under Section 38(e) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 100 Fifthly of the Indian Penal Code, 1860), subject to the restrictions in Section 37, the right of private defence of the body extends to the voluntary causing of death when the offence occasioning the exercise of the right is an assault with the intention of kidnapping or abducting. Simple assault, simple hurt, and ordinary wrongful restraint do not by themselves extend the right of private defence to causing death.
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