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CS Executive · Jurisprudence, Interpretation and General Laws · Laws relating to Crime and its Procedure

Under section 35 of the Bharatiya Nyaya Sanhita, 2023, against which of the following acts does the right of private defence of property exist?

The right exists against criminal trespass. Section 35(b) BNS confines the private defence of property to acts amounting to theft, robbery, mischief or criminal trespass, or attempts to commit them, so cheating, breach of trust and defamation are not covered.

  1. ACheating a person in a sale of land
  2. BCriminal breach of trust by a trustee
  3. CCriminal trespass on one's landCorrect
  4. DDefamation of one's business

Explanation

Section 35(b) lists theft, robbery, mischief and criminal trespass, plus attempts to commit them. Criminal trespass is listed, so the right exists. Cheating, breach of trust and defamation are not listed, so the property-defence right does not arise for them.

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