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When does the right of private defence of property extend to causing death under Section 41 of the Bharatiya Nyaya Sanhita, 2023 ?
1. Housebreaking after sunset and before sunrise
2. Mischief by fire in a residential building
3. Snatching
4. Robbery
Select the answer using the code given below :
Explanation
Section 41 of the Bharatiya Nyaya Sanhita (BNS), 2023 (which replaces Section 103 of the IPC), specifies the offences against property where the right of private defence extends to causing death. These are:
- (a) Robbery;
- (b) House-breaking after sunset and before sunrise (formerly house-breaking by night);
- (c) Mischief by fire or any explosive substance committed on any building, tent, or vessel used as a human dwelling or for the custody of property;
- (d) Theft, mischief, or house-trespass under circumstances causing reasonable apprehension of death or grievous hurt.
Statement 1, 2, and 4 directly match clauses (b), (c), and (a) respectively. Statement 3 (Snatching), while defined as a separate offence under Section 304 of the BNS, is not explicitly listed in Section 41. Therefore, the right to cause death does not automatically extend to snatching unless it falls under the specific apprehension of death/hurt mentioned in clause (d). Thus, the correct code is 1, 2 and 4.