Under section 40 of the Bharatiya Nyaya Sanhita, how long does the right of private defence of the body…
Under section 40 the right begins when an attempt or threat creates a reasonable apprehension of bodily danger and lasts "For as long as the reasonable apprehension of…
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Under section 40 of the Bharatiya Nyaya Sanhita, how long does the right of private defence of the body continue?
Answer and explanation
Correct answer B
Under section 40 the right begins when an attempt or threat creates a reasonable apprehension of bodily danger and lasts "For as long as the reasonable apprehension of danger to the body continues", subject to section 37. Mere presence, retaliation or the absence of police does not prolong it once the danger has ended, so "For as long as the assailant remains present, even after danger ends", "Until the defender has retaliated for every injury already suffered" and "Until the police arrive in every case, even after danger ends" are wrong.
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