Discussion
Under the Indian Penal Code (IPC), 1860, in which of the following scenarios does the "Right of Private Defence of the Body" extend to the extent of voluntarily causing death to the assailant ?
Answer: C
The right extends to causing death in an assault committed with the intention of kidnapping or abducting a person.
Section 100 of the IPC lists the assaults against which the right of private defence of the body extends to voluntarily causing death: an assault reasonably causing apprehension of death or grievous hurt, an assault with the intention of committing rape, of gratifying unnatural lust, of kidnapping or abducting, or of wrongfully confining a person in circumstances causing apprehension that he cannot get help, and an act of throwing acid.
A simple unarmed assault does not qualify. Theft is an offence against property, and Section 103 allows death to be caused in defence of property only in grave cases such as robbery or house-breaking by night, never by reference to the value stolen. Trespass on open land is likewise not among the listed cases.
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