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Under section 41 of the Bharatiya Nyaya Sanhita, 2023, and subject to its general restrictions on…

Robbery is expressly listed in section 41(a). Theft and mischief require the additional circumstances specified in section 41. Section 37 still limits the right: it does not…

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Under section 41 of the Bharatiya Nyaya Sanhita, 2023, and subject to its general restrictions on private defence, which offence is expressly listed without any further qualifying circumstance?

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Answer and explanation

Correct answer B

Robbery is expressly listed in section 41(a). Theft and mischief require the additional circumstances specified in section 41. Section 37 still limits the right: it does not permit unnecessary harm or bypass available public protection.

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Option A

Ordinary mischief alone is insufficient; section 41 requires the specified aggravated circumstances.

Option B

Robbery is expressly listed in section 41(a), subject to section 37.

Option C

Theft requires circumstances reasonably causing apprehension of death or grievous hurt if the right is not exercised.

Option D

Theft and ordinary mischief do not qualify merely by their names.

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