Under which clause of Section 38 of the Bharatiya Nyaya Sanhita, 2023 does the right of private defence…
Section 38 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 100 of the Indian Penal Code, 1860) enumerates in clauses (a) to (g) the seven descriptions of offences in…
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Under which clause of Section 38 of the Bharatiya Nyaya Sanhita, 2023 does the right of private defence of the body extend to voluntarily causing death in the case of an act of throwing or administering acid, or an attempt to throw or administer acid, which may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such act?
Answer and explanation
Correct answer D
Section 38 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 100 of the Indian Penal Code, 1860) enumerates in clauses (a) to (g) the seven descriptions of offences in response to which the right of private defence of the body extends, subject to Section 37, to voluntarily causing death. Clause (g) of Section 38 covers "an act of throwing or administering acid or an attempt to throw or administer acid which may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such act." Clause (d) covers assault with the intention of gratifying unnatural lust, Clause (e) covers assault with the intention of kidnapping or abducting, and Clause (f) covers assault with the intention of wrongfully confining a person under circumstances preventing recourse to public authorities for release.
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