The right of private defence of the body extends, under the restrictions specified in section 37, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely:
BNS Section 38 outlines when the right of private defense of the body extends to causing death or harm. This right is applicable under certain conditions described in Section 37 and includes scenarios where:
Q1: When does the right of private defense extend to causing death or harm according to BNS Section 38?
A1: The right of private defense extends to causing death or harm under the conditions specified in Section 37 if the offense involves:
Q2: What are the specific offenses listed in BNS Section 38 that justify the use of private defense?
A2: The specific offenses are:
Example 1: If a person is attacked in a manner that reasonably leads them to fear death, they are justified in using force, even lethal, in self-defense according to BNS Section 38.
Example 2: If someone is assaulted with the intent to kidnap or abduct, the victim may use force to defend themselves, which could extend to causing death or serious harm if necessary.
Example 3: A person facing an assault with the intent of throwing acid, which may cause serious harm, has the right to use force in defense, including potentially lethal force.
BNS Section 38 grants the right to cause death or harm in self-defense under specific conditions, including when facing assaults that induce fear of death or grievous hurt, or when the assault has malicious intent such as rape, unnatural lust, kidnapping, or acid attacks.
Answer By Law4u Team
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