Section 45 of The Bharatiya Nyaya Sanhita(BNS),2023

Section 45 of The Bharatiya Nyaya Sanhita(BNS),2023 45. A person abets the doing of a thing, who— (a) instigates any person to do that thing; or (b) engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or (c) intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1.—A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. Illustration. A, a public officer, is authorised by a warrant from a Court to apprehend Z. B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C. ...

Section 41 of The Bharatiya Nyaya Sanhita(BNS),2023

Section 41 of The Bharatiya Nyaya Sanhita(BNS),2023
41. The right of private defence of property extends, under the restrictions specified in
section 37, to the voluntary causing of death or of any other harm to the wrong-doer, if the
offence, the committing of which, or the attempting to commit which, occasions the exercise
of the right, be an offence of any of the descriptions hereinafter enumerated, namely:—
(a) robbery;
(b) house-breaking after sun set and before sun rise;
(c) mischief by fire or any explosive substance committed on any building, tent
or vessel, which building, tent or vessel is used as a human dwelling, or as a place for
the custody of property;
(d) theft, mischief, or house-trespass, under such circumstances as may
reasonably cause apprehension that death or grievous hurt will be the consequence,
if such right of private defence is not exercised.

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