Under Sections 41 and 42 of the Bharatiya Nyaya Sanhita, 2023, in which of the following cases does the…
Under Section 41 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 103 of the Indian Penal Code, 1860), the right of private defence of property extends, subject to…
Choose your answer
Under Sections 41 and 42 of the Bharatiya Nyaya Sanhita, 2023, in which of the following cases does the right of private defence of property not extend to causing death?
Answer and explanation
Correct answer C
Under Section 41 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 103 of the Indian Penal Code, 1860), the right of private defence of property extends, subject to Section 37, to the voluntary causing of death against robbery, house-breaking after sunset and before sunrise, mischief by fire or explosive substance on a building, tent, or vessel used as a human dwelling or for custody of property, and theft, mischief, or house-trespass under circumstances causing reasonable apprehension of death or grievous hurt. Under Section 42 (formerly Section 104), in cases of ordinary "Mischief" not of the descriptions in Section 41, the right does not extend to the voluntary causing of death.
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