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Right of Private Defence Questions and Answers

1.

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 ?

Exam Year(s)

AIBE - 2026,

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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2.

Right to Private defence of body and of property has been dealt with under :

Exam Year(s)

MH SET - 2018, SET Exam - 2018,

Answer: B

It is dealt with under Section 97 of the IPC.

Section 97 states that every person has a right, subject to the restrictions in Section 99, to defend his own body and the body of any other person against an offence affecting the human body, and his own or another's property against theft, robbery, mischief or criminal trespass, or attempts at them.

Section 96 says only that nothing is an offence which is done in the exercise of the right of private defence. Section 98 extends the right to acts of persons of unsound mind and others without criminal capacity, and Section 99 sets the limits of the right.

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