Under the Bharatiya Nyaya Sanhita, 2023, which of these offences can trigger the right of private…
Section 41 includes robbery, and dacoity under section 310(1) involves robbery or attempted robbery with the required number of participants. Ordinary theft, mischief or…
Choose your answer
Under the Bharatiya Nyaya Sanhita, 2023, which of these offences can trigger the right of private defence of property extending to causing death without further facts showing a reasonable apprehension of death or grievous hurt? Assume the general restrictions on private defence are satisfied.
Answer and explanation
Correct answer B
Section 41 includes robbery, and dacoity under section 310(1) involves robbery or attempted robbery with the required number of participants. Ordinary theft, mischief or house-trespass need the additional reasonable apprehension specified in section 41(d). Section 41 separately covers certain mischief by fire or explosives and certain house-breaking. Section 37 still requires that the force used be no more than necessary.
Option feedback
Option A
Simple theft qualifies under section 41(d) only if the additional reasonable apprehension exists.
Option B
Dacoity falls within the robbery category in section 41(a). The general restrictions on private defence still apply.
Option C
Simple mischief needs the additional apprehension. Section 41(c) separately covers specified aggravated mischief by fire or explosives.
Option D
Simple house-trespass needs the additional apprehension. Section 41(b) separately names house-breaking after sunset and before sunrise.
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