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Which pair of provisions of the Bharatiya Nyaya Sanhita, 2023 lists when private defence may extend to…

Section 38 concerns defence of the body and section 41 concerns defence of property. Both are subject to section 37. Section 41(c) expressly covers specified mischief by…

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Which pair of provisions of the Bharatiya Nyaya Sanhita, 2023 lists when private defence may extend to causing death in defence of the body and in defence of property, respectively?

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Answer and explanation

Correct answer D

Section 38 concerns defence of the body and section 41 concerns defence of property. Both are subject to section 37. Section 41(c) expressly covers specified mischief by fire or an explosive substance.

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Option A

Section 38 covers death in defence of the body. Section 39 addresses harm other than death in defence of the body.

Option B

Sections 39 and 40 concern lesser harm and duration, respectively, in defence of the body.

Option C

Section 41 addresses death in defence of property, but section 40 concerns duration of the right in defence of the body.

Option D

Section 38 states the grounds for causing death in defence of the body, and section 41 states the grounds in defence of property.

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