Question
In how many cases the right of private defence of the
body extends to causing death?Solution
Explanation: Section 38 BNS The law permits the voluntary causing of death (or any other harm) to an assailant if the offence that triggers the right of private defence falls under any of the following seven descriptions:
- Apprehension of Death: An assault that reasonably causes the fear that death will otherwise be the consequence.
- Apprehension of Grievous Hurt: An assault that reasonably causes the fear that grievous hurt will otherwise be the consequence.
- Intention of Rape: An assault with the intention of committing rape.
- Unnatural Lust: An assault with the intention of gratifying unnatural lust.
- Kidnapping or Abduction: An assault with the intention of kidnapping or abducting.
- Wrongful Confinement: An assault with the intention of wrongfully confining a person under circumstances where they fear they cannot seek help from public authorities.
- Acid Attack: An act of throwing or administering acid, or an attempt to do so, which causes a reasonable apprehension of grievous hurt.
- Proportionality: You cannot inflict more harm than is necessary for the purpose of defence.
- Public Authorities: There is no right of private defence if there is sufficient time to have recourse to the protection of public authorities.
- Public Servants: Generally, there is no right against acts done by public servants in good faith, unless those acts cause apprehension of death or grievous hurt.
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