Site navigation

Under sections 37 and 41 of the Bharatiya Nyaya Sanhita, 2023, assume the general restrictions on…

Section 41 covers robbery, night-time house-breaking, specified mischief by fire or explosive substance, and theft, mischief or house-trespass posing the stated danger of…

Choose your answer

Under sections 37 and 41 of the Bharatiya Nyaya Sanhita, 2023, assume the general restrictions on private defence are satisfied. In which situation does the right of private defence of property fall outside the cases that can extend to causing death?

Select one answer
Answer and explanation

Correct answer D

Section 41 covers robbery, night-time house-breaking, specified mischief by fire or explosive substance, and theft, mischief or house-trespass posing the stated danger of death or grievous hurt.

Burning crops in an open field on the stated facts meets neither the specified-location condition nor the reasonable-apprehension condition. Section 42 permits harm other than death subject to section 37.

Option feedback

Option A

Robbery is an express ground in section 41(a).

Option B

House-breaking after sunset and before sunrise is expressly covered by section 41(b).

Option C

Section 41(c) covers mischief by explosive substance against a building used as a dwelling.

Option D

The open field falls outside the specified premises in section 41(c). The absence of reasonable apprehension also rules out section 41(d).

Option E

Theft with this reasonable apprehension is within section 41(d).

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic