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In the exercise of the right of private defence even the death of the accused can be caused under -
Question

In the exercise of the right of private defence even the death of the accused can be caused under -

A.

Section 100 of the Indian Penal Code, 1860

B.

Section 102 of the Indian Penal Code, 1860

C.

Section 103 of the Indian Penal Code, 1860

D.

Both (a) and (b)

Correct option is A


Section 100 of the Indian Penal Code (IPC), 1860, specifies situations in which a person is justified in causing death while exercising their right of private defence. It allows a person to defend themselves, even to the extent of causing death, if they face imminent danger of death, grievous hurt, rape, kidnapping, or other serious crimes. Section 102 of the IPC, on the other hand, merely defines the duration of the right of private defence but does not authorize causing death. Section 103 applies to property-related situations, where causing death may be justified in defence of property under certain circumstances.
Information Booster:
Section 100 of the IPC provides that a person can cause death in private defence when faced with certain grave threats like:
· An assault that causes a reasonable apprehension of death.
· An assault that leads to the fear of grievous hurt.
· Acts like rape, kidnapping, or wrongful confinement.
Additional Knowledge:
· Section 102: It deals with the duration of the right of private defence, stating that this right begins when there is a reasonable apprehension of danger and continues as long as the threat exists.
· Section 103: Provides for the private defence of property, where causing death is permissible in cases of robbery, house-breaking by night, or mischief by fire.

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