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Principle: If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender is so situated that he cannot effectually exercise that right without risk of harm of an innocent person; his right of private defence extends to the running of that risk.
Facts: A is attacked by a mob who attempts to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. 
  • a)
    A commits no offence if by so firing he harms any of the children.
  • b)
    A commits an offence of murder
  • c)
    Firing in the public place is an offence, so he is liable
  • d)
    None of the above
Correct answer is option 'A'. Can you explain this answer?
Most Upvoted Answer
Principle: If in the exercise of the right of private defence against ...
It is clearly stated in the principle that right to private defence extend to the risk of even harm to innocent peoples...so A will commit no offence if by firing at mob he harms any Children
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Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The defence of private defence has been provided under the IPC from S. 96 to 106.These provisions give the power to a person to protect his own body and property. Body may be of oneself or another persons; likewise, property might also be moveable or immoveable, of himself or of another in cases of theft, robbery, mischief or criminal trespass or an attempt to do so. However, there are important limits on the right of private defence. Firstly, you cannot claim private defence for an act which under any circumstances justifies anything which was no defence but an offence and secondly, the right cannot be claimed when you yourself has initiated the attack.In Laxman v. State of Orissa, it was held that the right to private defence can only be provided when the person availing it is suddenly confronted with immediate necessity to defend which is not of his own creation, further the necessity should be present, real and apparent.The right of private defence does not exist for an act which is not an offence under the Penal Code and can only be availed to repel unlawful aggression and not for retaliation. Private defence will also not be valid in cases of self-defence.In Chacko v. State of Kerala, the deceased reached the scene with a chopper after finding out that his brother was surrounded by armed assailants. It was held that no aggressor can claim private defence only on the ground that the deceased had a chopper.Section 98 provides for the right of private defence in cases of unsoundness of mind and others such as due to the reason of youth, maturity in understanding, insanity, intoxication or by misconception; a person would have the right to private defence even if the act is not an offence. Say, A attempts to kill B due to unsoundness of mind and madness. A will not be guilty of any offence, but B will have the right to private defence in the same manner as if A was sane.Section 100 provides for acts where the right of private defence of body extends to causing death; they are: assault which causes the apprehension of death or grievous hurt, assault for commission of rape, assault for gratifying unnatural lust, kidnapping or abducting, assault for confining a person, or an act or attempt of throwing or administering an acid attack.Section 103 of the Code provides for the right of private defence of property which has caused death, namely robbery, housebreaking at night, mischief by fire on any building, tent or vessel, which is a human dwelling, theft, mischief, or house-trespass which causes apprehension of death or grievous hurt.The burden of proof always lies on the accused in the case of the General Exceptions of the IPC. The accused needs to prove his innocence to avail these defences.Q.Sam had apprehension that Ram was coming to kill him. Sam took it on himself, and started preparing for defence and obtained a gun. Next day when he saw Ram running towards him to hit him, he shot Ram and injured his leg. Will Sam be protected under private defence?

Principle: If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender is so situated that he cannot effectually exercise that right without risk of harm of an innocent person; his right of private defence extends to the running of that risk.Facts: A is attacked by a mob who attempts to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob.a)A commits no offence if by so firing he harms any of the children.b)A commits an offence of murderc)Firing in the public place is an offence, so he is liabled)None of the aboveCorrect answer is option 'A'. Can you explain this answer?
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Principle: If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender is so situated that he cannot effectually exercise that right without risk of harm of an innocent person; his right of private defence extends to the running of that risk.Facts: A is attacked by a mob who attempts to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob.a)A commits no offence if by so firing he harms any of the children.b)A commits an offence of murderc)Firing in the public place is an offence, so he is liabled)None of the aboveCorrect answer is option 'A'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Principle: If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender is so situated that he cannot effectually exercise that right without risk of harm of an innocent person; his right of private defence extends to the running of that risk.Facts: A is attacked by a mob who attempts to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob.a)A commits no offence if by so firing he harms any of the children.b)A commits an offence of murderc)Firing in the public place is an offence, so he is liabled)None of the aboveCorrect answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Principle: If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender is so situated that he cannot effectually exercise that right without risk of harm of an innocent person; his right of private defence extends to the running of that risk.Facts: A is attacked by a mob who attempts to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob.a)A commits no offence if by so firing he harms any of the children.b)A commits an offence of murderc)Firing in the public place is an offence, so he is liabled)None of the aboveCorrect answer is option 'A'. Can you explain this answer?.
Solutions for Principle: If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender is so situated that he cannot effectually exercise that right without risk of harm of an innocent person; his right of private defence extends to the running of that risk.Facts: A is attacked by a mob who attempts to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob.a)A commits no offence if by so firing he harms any of the children.b)A commits an offence of murderc)Firing in the public place is an offence, so he is liabled)None of the aboveCorrect answer is option 'A'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Principle: If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender is so situated that he cannot effectually exercise that right without risk of harm of an innocent person; his right of private defence extends to the running of that risk.Facts: A is attacked by a mob who attempts to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob.a)A commits no offence if by so firing he harms any of the children.b)A commits an offence of murderc)Firing in the public place is an offence, so he is liabled)None of the aboveCorrect answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Principle: If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender is so situated that he cannot effectually exercise that right without risk of harm of an innocent person; his right of private defence extends to the running of that risk.Facts: A is attacked by a mob who attempts to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob.a)A commits no offence if by so firing he harms any of the children.b)A commits an offence of murderc)Firing in the public place is an offence, so he is liabled)None of the aboveCorrect answer is option 'A'. Can you explain this answer?, a detailed solution for Principle: If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender is so situated that he cannot effectually exercise that right without risk of harm of an innocent person; his right of private defence extends to the running of that risk.Facts: A is attacked by a mob who attempts to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob.a)A commits no offence if by so firing he harms any of the children.b)A commits an offence of murderc)Firing in the public place is an offence, so he is liabled)None of the aboveCorrect answer is option 'A'. Can you explain this answer? has been provided alongside types of Principle: If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender is so situated that he cannot effectually exercise that right without risk of harm of an innocent person; his right of private defence extends to the running of that risk.Facts: A is attacked by a mob who attempts to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob.a)A commits no offence if by so firing he harms any of the children.b)A commits an offence of murderc)Firing in the public place is an offence, so he is liabled)None of the aboveCorrect answer is option 'A'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Principle: If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender is so situated that he cannot effectually exercise that right without risk of harm of an innocent person; his right of private defence extends to the running of that risk.Facts: A is attacked by a mob who attempts to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob.a)A commits no offence if by so firing he harms any of the children.b)A commits an offence of murderc)Firing in the public place is an offence, so he is liabled)None of the aboveCorrect answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.
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