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Which of the following among item A and item B are correct?<br>The right of private defence extends, subject to Section 99, to the causing of death of the assailant or aggressor in the following circumstances:<br>Item A: For defence of body:<br>1. Against an act which reasonably causes the apprehension of an assault to outrage the modesty<br>2. Against an act which reasonably causes the apprehension that the assailant will kill his children living in another city<br>3. Against an act which reasonably causes the apprehension that grievous hurt would otherwise be the consequence<br>Item B: For defence of property:<br>1. While the trespasser is engaged in house breaking during day time.<br>2. Against a thief who reasonably causes the defender to believe that he would lose his property<br>3. Against a person who commits mischief under such circumstances as may reasonably cause apprehension that grievous Hurt would be a consequence<br>Select the correct answer:
A
1 and 3 of both items
B
2 and 3 of both items
C
3 alone of both items
D
1 and 2 of both items
Correct Answer:
3 alone of both items
PRINCIPLES: 1. Nothing is an offence which is done in the exercise of the right of private defense.
2. When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of that person or by reason of misconception on the part of that person, every person has the same right of private defense against that act, which he would have if that act were an offence.
3. Everyone has the right to defend their life and property against criminal harm provided it is not possible to approach public authorities and more harm than that is necessary has not been caused to avert the danger.
4. If in the exercise of right of private defense against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defense extends to the running of that risk.
5. The right of private defense continues as long as apprehension of danger continues.
FACT: A enters by night a house which he is legally entitled to enter. Z, in good faith, taking A for a housebreaker, attacks A.
A
A has no right of private defense because it is available against an offender only
B
A has the same right of private defense against Z, which he would have had if Z was not acting under a misconception
C
A has exceeded his right of private defense
D
None of the above
Under Indian Penal Code, 1860, subject to the restriction laid down under its Section 99 in cases of assault causing reasonable apprehension of death or grievous hurt, the right of private defence extends to the voluntary causing of
A
Grievous hurt
B
Death
C
Any harm other than death
D
Any harm other than death or grievous hurt
The right granted under Section 100 of the Indian Penal Code to the extent of causing death can be exercised against an assault which reasonably causes an apprehension that death will otherwise be the consequences of the assault. The above rule has been explained by the Supreme Court in which of the famous cases:
A
Sunil Batra v. Delhi Administration
B
Brij Kishore v. State of Uttar Pradesh
C
Amjad Khan v. State
D
Ramaswamy v. State of Madras
To whom, among the following, is the right of private defence, under Chapter IV of Indian Penal Code, available?
1. Only to the defender being a preventive right.
2. An aggressor, while facing action on the part of the defender which is excessive.
Select the correct answer:
A
1 only
B
2 only
C
Both 1 and 2
D
Neither 1 nor 2
In cases of assault causing reasonable apprehension of death or of grievous hurt, the right of private defence extends voluntarily
A
Causing grievous hurt
B
Causing death
C
Causing any harm other than death
D
Causing any harm other than death or grievous hurt
Right of private defence of body extends to causing assailant's death if assailant's act is of such nature that it
A
Causes apprehension of death
B
Causes apprehension of grievous hurt
C
Expresses intention of committing rape
D
All of the above
Consider the following provision in Section 300 of the Indian Penal Code:
Several culpable states of mind are referred to with the:
1. intention to cause death
2. knowledge that the act is so imminently dangerous that it must in all probability cause death
3. intention to cause such bodily injury as the offender know to be likely to cause death of the person to whom harm is caused
4. intention of causing such bodily injury as is sufficient in ordinary course of nature to cause death.
The correct order of the sequence in which they are placed in the provision is:
A
1, 2, 3, 4
B
1, 3, 4, 2
C
1, 4, 3, 2
D
2, 3, 4, 1
Which of the following statement/statements is/are incorrect?
1. Nothing is offence which is done in exercise of right of Private Defence under Indian Penal Code
2. A person has right to defend his own body only and not the body of other
3. Right of Private Defence is extended to cause death in defamation case
4. A person has even right of Private Defence where there is time to have recourse to the protection of the public authorities
A
Only 3 is incorrect
B
1, 2 and 3 are incorrect
C
2, 3 and 4 are incorrect
D
1, 2, 3 and 4 all are incorrect
A' instigates 'B' to cause grievous hurt to 'Z'. 'B', in consequence of the instigation, causes grievous hurt to 'Z'. 'Z' dies in consequence. 'A' knew that the grievous hurt abetted was likely to cause death of 'Z'. 'A' has committed:
A
Abetment of grievous hurt
B
Abetment of culpable homicide not amounting to murder
C
Abetment of murder
D
Culpable homicide not amounting to murder
Principle: An occupier or owner of land owes a duty to warn a suspected trespasser of deadly conditions on the land which would be hidden to a trespasser, but of which the property owner is aware.
Factual Situation: Shiva, the owner of a Fire Cracker Factory owned a large plot of land, which he used for testing his crackers. One day while he was about to set fire to some special crackers, he noticed some children wandering on his land. Shiva did not pay any attention to the children as according to him they were trespassers. He set fire to the test crackers. One of the crackers which was supposed to ignite a series of crackers up in the sky at a height of 100 metres, did not burst in the sky. Instead, it fell to the ground and exploded, injuring one of the children. In a suit for compensation initiated by the parents of the injured child, how would you decide?
A
The child is not entitled to compensation as the child had a duty to take care
B
Shiva is not liable for payment of any compensation to a trespasser
C
Shiva is liable as he did not give any warning to the children about any danger
D
The child is not entitled to any compensation as the child is a trespasser