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Which pair of provisions in the Bharatiya Nyaya Sanhita, 2023 states when private defence extends to…

Section 38 identifies the circumstances for lethal defence of the body. Section 41 does the same for property. Both operate subject to the restrictions in section 37.

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Which pair of provisions in the Bharatiya Nyaya Sanhita, 2023 states when private defence extends to causing death, first for the body and then for property?

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Answer and explanation

Correct answer A

Section 38 identifies the circumstances for lethal defence of the body. Section 41 does the same for property. Both operate subject to the restrictions in section 37.

Option feedback

Option A

Section 38 covers defence of the body and section 41 covers defence of property.

Option B

Section 39 concerns defensive harm short of death. Section 40 addresses the timing of defence of the body.

Option C

Section 43 addresses when the right to defend property begins and continues. The bodily-defence provision is section 38.

Option D

Section 36 addresses private defence against acts of persons who may lack criminal responsibility. Section 38 supplies the lethal bodily-defence rule.

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