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    Question

    Consider the following statements regarding right of

    private defence under Sections 34-36 of the Bharatiya Nyaya Sanhita, 2023: Statement 1: The right of private defence extends to defence of body, property, and the body or property of any person in whom that person is interested. Statement 2: A person can exercise private defence against acts by persons of unsound mind or persons under intoxication. Statement 3: The right of private defence is available only against offences classified as "bailable" offences. Statement 4: Private defence can be exercised against acts that amount to misconception if the person exercising defence believes in good faith that the act is a crime. Which statements are correct?
    A Statements 1, 2, and 4 only Correct Answer Incorrect Answer
    B Statements 1 and 3 only Correct Answer Incorrect Answer
    C Statements 2 and 4 only Correct Answer Incorrect Answer
    D Statements 1, 2, and 3 only Correct Answer Incorrect Answer
    E Statements 1 and 2 only Correct Answer Incorrect Answer

    Solution

    Section 34 provides that actions done in private defence are not offences. Section 35 defines the scope and specifies that right of private defence extends to defence of body, property, and body/property of any person in whom interested. Statement 1 is correct. Section 36 explicitly states that private defence extends to acts by persons of unsound mind or intoxication, treating them as acts for the purposes of private defence. Statement 2 is correct. Statement 3 is incorrect—the section does not limit private defence to bailable offences; it applies to various crimes including theft, robbery, mischief, criminal trespass, etc. Statement 4 is correct—acts done under misconception (if in good faith) may justify private defence. Statements 1, 2, and 4 are correct.

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