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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.

  1. ANo, the right extends only to the person's own property
  2. BYes, the right covers the property of any other person against theftCorrect
  3. CNo, the right exists only against offences affecting the human body
  4. 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'.

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