Unit 4 of Law of Crimes (Bharatiya Nyaya Sanhita, 2023) (syllabus: Module 2.1 - BNS ss. 14-44). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- The accused killed a man who was advancing on him with a lathi. When does the right of private defence begin, and when does it stretch to killing?
- The accused says he was defending himself, but he went on hitting after the attackers had fled. How is a plea of excess judged?
- A ten-year-old took a neighbour's phone. Is he criminally liable, and what exactly must be proved?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Bharatiya Nyaya Sanhita 2023, s. ss. 34, 35, 37, 38 and 40
- Bharatiya Nyaya Sanhita 2023, s. s. 37(2) read with s. 101 Exception 2
- Bharatiya Nyaya Sanhita 2023, s. ss. 20 and 21, read with s. 36
Leading cases
- Deo Narain v State of UP
- James Martin v State of Kerala