Under section 41 of the Bharatiya Nyaya Sanhita, 2023, subject to its restrictions, which circumstance by itself is NOT a listed ground for extending private defence of property to causing death?
Question and options
Under section 41 of the Bharatiya Nyaya Sanhita, 2023, subject to its restrictions, which circumstance by itself is NOT a listed ground for extending private defence of property to causing death?
Robbery
House-breaking after sunset and before sunrise
Lurking house-trespass without reasonable apprehension of death or grievous hurt
Mischief by fire to a building used as a human dwelling
Answer and explanation
Section 41 lists robbery, house-breaking after sunset and before sunrise, and specified destructive mischief. House-trespass can also qualify when failure to defend reasonably threatens death or grievous hurt. Mere lurking trespass supplies no such additional fact.
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