CS Executive · Jurisprudence, Interpretation and General Laws · Laws relating to Crime and its Procedure
Ravi sees a stranger trying to steal a scooter belonging to his neighbour Meena, who is away. Under the Bharatiya Nyaya Sanhita, 2023, may Ravi exercise the right of private defence of property on Meena's behalf, subject to the restrictions in section 37?
Yes. Section 35(b) of the BNS lets every person defend the movable or immovable property of himself or of any other person against theft, robbery, mischief or criminal trespass, subject to section 37, so Ravi may defend Meena's scooter without any permission.
- ANo, the right extends only to the person's own property
- BYes, the right covers the property of any other person against theftCorrect
- CNo, the right exists only against offences affecting the human body
- DYes, but only after obtaining a Magistrate's permission
Explanation
Section 35(b) gives every person a right to defend the property, movable or immovable, of himself or of any other person, against theft, robbery, mischief or criminal trespass. Ravi is therefore entitled to defend Meena's scooter, subject to section 37. The view that only one's own property is covered ignores the words 'any other person'.
Did you get it right without looking?
One question tells you little. A timed set on Laws relating to Crime and its Procedure shows your real accuracy, how long you take and where you lose marks.
More Laws relating to Crime and its Procedure questions
- Ravi, Sunil and Imran form a gang and regularly pick pockets in Mumbai local trains. Which classification fits their conduct under the Bhara…
- Under Section 111 of the Bharatiya Nyaya Sanhita, 2023, what is the minimum number of persons needed to form an "organised crime syndicate"?
- A, a jailor, intending to cause prisoner Z's death, illegally omits to supply food, leaving Z weakened but alive. A is dismissed and B succe…
- Under section 35 of the Bharatiya Nyaya Sanhita, 2023, against which of the following acts does the right of private defence of property exi…
- Which statement correctly describes 'continuing unlawful activity' for the purpose of organised crime under the Bharatiya Nyaya Sanhita, 202…
- A gang of three persons has, in the last ten years, been charge-sheeted more than once for cognizable offences punishable with three years o…