Question
Download Solution PDFAs per Section 40 of Bhartiya Nyaya Sanhita, when does the right of private defence of the body commence?
- Only after the offence has been committed
- As soon as there is a reasonable apprehension of danger to the body
- Only when physical harm has already occurred
- Only when the attacker has a weapon
Answer (Detailed Solution Below)
Option 2 : As soon as there is a reasonable apprehension of danger to the body
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Detailed Solution
Download Solution PDFThe Correct answer is Option 2
Key Points According to Section 40 of Bhartiya Nyaya Sanhita, the right of private defence of the body begins as soon as there is a reasonable apprehension of danger, even if the offence has not yet been committed. This means that a person does not have to wait for an actual attack before defending themselves.
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