Under which one of the following circumstances, does the right to private defence of body extend to causing death?

Correct option is C

The correct answer is (c) An assault with the intention of gratifying unnatural lust.

Explanation

The law regarding the right to private defence of the body is designed to be protective, not retaliatory. However, it recognizes that in certain extreme situations, a person may be forced to take the life of an assailant to prevent a heinous crime against themselves or another.

Under the current legal framework in India—specifically Section 38 of the Bharatiya Nyaya Sanhita (BNS), 2023 (which corresponds to Section 100 of the Indian Penal Code)—there are seven specific circumstances where the right of private defence of the body extends to voluntarily causing death:

1. Fear of Death: An assault that reasonably causes the apprehension that death will otherwise be the consequence.
2. Fear of Grievous Hurt: An assault causing reasonable apprehension of grievous hurt.
3. Rape: An assault with the intention of committing rape.
4. Unnatural Lust: An assault with the intention of gratifying unnatural lust.
5. Kidnapping/Abduction: An assault with the intention of kidnapping or abducting.
6. Wrongful Confinement: An assault with the intention of wrongfully confining a person under circumstances which cause him to apprehend that he will be unable to have recourse to the public authorities for his release.
7. Acid Attack: An act of throwing or administering acid (or an attempt to do so) which reasonably causes the apprehension that grievous hurt will otherwise be the consequence.

Why the other options are incorrect

To justify the taking of a life in private defence, the threat must meet a high threshold of gravity as defined by the statute.

• (a) Wrongful Restraint: This is a less severe offence. The right to cause death only arises in cases of Wrongful Confinement where the victim fears they cannot reach the police or authorities.
• (b) Theft: Theft is an offence against property, not the body. While there is a right to cause death in defence of property (under Section 41 of the BNS / Section 103 of the IPC), it is restricted to Robbery, House-breaking by night, Arson, or specific instances of Theft/Mischief that cause fear of death/grievous hurt.
• (d) Outraging Modesty: While a serious crime, the law specifically draws the line at Rape or Unnatural Lust for the purpose of exercising the right to cause death.