Under which of the following Sections of the Bharatiya Nyaya Sanhita, 2023, death of assailant may be…
Section 38 of the Bharatiya Nyaya Sanhita, 2023 (formerly section 100 IPC) describes the circumstances in which private defence of the body extends to causing death; section…
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Under which of the following Sections of the Bharatiya Nyaya Sanhita, 2023, death of assailant may be caused in right of private defence of body and property?
Answer and explanation
Correct answer A
Section 38 of the Bharatiya Nyaya Sanhita, 2023 (formerly section 100 IPC) describes the circumstances in which private defence of the body extends to causing death; section 41 (formerly section 103 IPC) supplies the corresponding specified property-defence circumstances. Sections 39 and 42 concern force short of death, sections 40 and 43 principally concern commencement and duration, and section 36 concerns private defence against the act of a person of unsound mind and similar persons. The right still requires the applicable statutory conditions and limits.
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