Under section 41 of the Bharatiya Nyaya Sanhita, 2023, the right to private defence of property extends…
Robbery is itself an enumerated offence in section 41 of the Bharatiya Nyaya Sanhita, 2023 (formerly section 103 IPC) for which defence of property may extend to causing…
Choose your answer
Under section 41 of the Bharatiya Nyaya Sanhita, 2023, the right to private defence of property extends to causing death, if the offence is:
Answer and explanation
Correct answer B
Robbery is itself an enumerated offence in section 41 of the Bharatiya Nyaya Sanhita, 2023 (formerly section 103 IPC) for which defence of property may extend to causing death, subject to section 37’s restrictions. Theft or mischief without more is not sufficient: the particular aggravated circumstances in the section must be established. Therefore robbery per se is the listed category, while the answer does not authorise disproportionate force or dispense with the statutory limitations. The other categories in section 41 are house-breaking after sunset and before sunrise, mischief by fire or any explosive substance on a building, tent or vessel used as a human dwelling or for the custody of property, and theft, mischief or house-trespass in circumstances reasonably causing apprehension of death or grievous hurt.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
UGC NET Law
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Haryana Judicial Services
-
CLAT PG
Subject revision for a passage-based exam
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision