CLAT Exam  >  CLAT Questions  >  Principle: There are legal provisions to give... Start Learning for Free
Principle: There are legal provisions to give authority to a person to use necessary force against an assailant or wrong-doer for the purpose of protecting one’s own body and property as also another’s body and property when immediate aid from the state machinery is not readily available; and in so doing he is not answerable in law for his deeds.
Facts: X, a rich man was taking his morning walk. Due to the threat of robbers in the locality, he was carrying his pistol also. From the opposite direction, another person was coming with a ferocious looking dog. All of a sudden, the dog which was on a chain held by the owner, started barking at X. The owner of the dog called the dog to be calm.
They crossed each other without any problem. But suddenly, the dog started barking again from a distance. X immediately took out his pistol. By seeing the pistol the dog stopped barking and started walking with the owner. However, X shot at the dog which died instantly. The owner of the dog files a complaint against X, which in due course reached the Magistrate Court. X pleads the right of private defence. Decide.
  • a)
    Shooting a fierce dog is not to be brought under the criminal law. So the case should be dismissed.
  • b)
    There was no imminent danger to X as the dog stopped barking and was walking with the owner. Hence, shooting it amounted to excessive use of the right of private defence and hence liable for killing the dog.
  • c)
    The right of private defence is available to persons against assailants or wrongdoers only and a dog does not fall in this category.
  • d)
    As there was no guarantee that the dog would not bark again, shooting it was a precautionary measure and hence within the right available to X under law.
Correct answer is option 'B'. Can you explain this answer?
Most Upvoted Answer
Principle: There are legal provisions to give authority to a person to...
B is the correct answer because he killed the dog with no reason ....he can use his power of self defence if the dog attacked on him ...but nothing happened like that. the dog stopped barking and under control of his owner . so X is liable of killing of the dog .
Free Test
Community Answer
Principle: There are legal provisions to give authority to a person to...
Straightway applying the principle statement to the given facts, there was no imminent danger to X as the dog stopped barking and was walking with the owner. Hence, shooting it amounted to excessive use of the right of private defence and hence liable for killing the dog.
Attention CLAT Students!
To make sure you are not studying endlessly, EduRev has designed CLAT study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in CLAT.
Explore Courses for CLAT exam

Similar CLAT Doubts

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 Transgender Persons (Protection of Rights) Act, 2019 was passed by Parliament on November 26, 2019. The Bill defines a transperson as someone whose gender does not match the one assigned at birth. It prohibits discrimination against them in employment, education, housing, healthcare and other services. A grievance redressal mechanism has been set up for the issues related to transgenders called National Council for Transgender Persons (NCTP) for the protection of their rights. Any complaint regarding discrimination such as restriction to entry shall be raised with the NCTP.The Bill allows self-perception of gender identity, but it mandates that each person would have to be recognised as transgender on the basis of a certificate of identity issued by a district magistrate. Under the provisions of this 2019 Act, a transgender person can apply to the District Magistrate for a transgender person certificate which will give them the right to change the name on their birth certificate and have all documents updated accordingly. However, similar to the 2018 bills provisions, a transgender person can be identified as male or female only after applying for a revised certificate to the District Magistrate, post sex reassignment surgery.The Bill enforces a minors right of residence compelling any transperson below 18 to cohabit with their natal family. Every transgender child has a Right of Residence with parents and immediate family members and be included in the household. This ensured a family-life for transgender children by prohibiting their separation from their family, without taking into account harassment and discrimination they may face within their family as a result of which they may choose to be separated and reside with transgender persons. A transgender child, as per the provisions, could be separated from their family only by a court order.The bill further criminalises begging which transgender persons in India, such as the hijras and jogtas, engage in as a ritual-custom, while some rely on it for livelihood.The 2019 Act also protects transgender children and provides for states and institutions to come up with adequate policies for the welfare of transgender persons. However, unlike the Rights of Transgender Persons Bill, 2014, neither the 2018 nor the 2019 Act provides for mandatory reservations for transgender persons in educational institutions and jobs. The 2014 bill had provided for two per-cent reservations in educational institutions and public employment. Similar to the 2018 bill, the 2019 Act provides for punishment for crimes against transgender persons, which stands as an imprisonment for a term not less than six months, but which may extend to two years and a fine. Both bills also provide for the constitution of a National Council for Transgender Persons.Q.An NGO, which seeks to uphold the rights of the transgender community, wished to make a complaint regarding a child being removed from the list through a court order. The child was born a girl, but identifies herself as a boy. What remedy can be sought under this Act?

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 Transgender Persons (Protection of Rights) Act, 2019 was passed by Parliament on November 26, 2019. The Bill defines a transperson as someone whose gender does not match the one assigned at birth. It prohibits discrimination against them in employment, education, housing, healthcare and other services. A grievance redressal mechanism has been set up for the issues related to transgenders called National Council for Transgender Persons (NCTP) for the protection of their rights. Any complaint regarding discrimination such as restriction to entry shall be raised with the NCTP.The Bill allows self-perception of gender identity, but it mandates that each person would have to be recognised as transgender on the basis of a certificate of identity issued by a district magistrate. Under the provisions of this 2019 Act, a transgender person can apply to the District Magistrate for a transgender person certificate which will give them the right to change the name on their birth certificate and have all documents updated accordingly. However, similar to the 2018 bills provisions, a transgender person can be identified as male or female only after applying for a revised certificate to the District Magistrate, post sex reassignment surgery.The Bill enforces a minors right of residence compelling any transperson below 18 to cohabit with their natal family. Every transgender child has a Right of Residence with parents and immediate family members and be included in the household. This ensured a family-life for transgender children by prohibiting their separation from their family, without taking into account harassment and discrimination they may face within their family as a result of which they may choose to be separated and reside with transgender persons. A transgender child, as per the provisions, could be separated from their family only by a court order.The bill further criminalises begging which transgender persons in India, such as the hijras and jogtas, engage in as a ritual-custom, while some rely on it for livelihood.The 2019 Act also protects transgender children and provides for states and institutions to come up with adequate policies for the welfare of transgender persons. However, unlike the Rights of Transgender Persons Bill, 2014, neither the 2018 nor the 2019 Act provides for mandatory reservations for transgender persons in educational institutions and jobs. The 2014 bill had provided for two per-cent reservations in educational institutions and public employment. Similar to the 2018 bill, the 2019 Act provides for punishment for crimes against transgender persons, which stands as an imprisonment for a term not less than six months, but which may extend to two years and a fine. Both bills also provide for the constitution of a National Council for Transgender Persons.Q.Some transgender people have been denied entry into a particular shopping mall. An NGO, interested in uplifting transgender rights, wishes to avail remedy for them. How can they do so?

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 Transgender Persons (Protection of Rights) Act, 2019 was passed by Parliament on November 26, 2019. The Bill defines a transperson as someone whose gender does not match the one assigned at birth. It prohibits discrimination against them in employment, education, housing, healthcare and other services. A grievance redressal mechanism has been set up for the issues related to transgenders called National Council for Transgender Persons (NCTP) for the protection of their rights. Any complaint regarding discrimination such as restriction to entry shall be raised with the NCTP.The Bill allows self-perception of gender identity, but it mandates that each person would have to be recognised as transgender on the basis of a certificate of identity issued by a district magistrate. Under the provisions of this 2019 Act, a transgender person can apply to the District Magistrate for a transgender person certificate which will give them the right to change the name on their birth certificate and have all documents updated accordingly. However, similar to the 2018 bills provisions, a transgender person can be identified as male or female only after applying for a revised certificate to the District Magistrate, post sex reassignment surgery.The Bill enforces a minors right of residence compelling any transperson below 18 to cohabit with their natal family. Every transgender child has a Right of Residence with parents and immediate family members and be included in the household. This ensured a family-life for transgender children by prohibiting their separation from their family, without taking into account harassment and discrimination they may face within their family as a result of which they may choose to be separated and reside with transgender persons. A transgender child, as per the provisions, could be separated from their family only by a court order.The bill further criminalises begging which transgender persons in India, such as the hijras and jogtas, engage in as a ritual-custom, while some rely on it for livelihood.The 2019 Act also protects transgender children and provides for states and institutions to come up with adequate policies for the welfare of transgender persons. However, unlike the Rights of Transgender Persons Bill, 2014, neither the 2018 nor the 2019 Act provides for mandatory reservations for transgender persons in educational institutions and jobs. The 2014 bill had provided for two per-cent reservations in educational institutions and public employment. Similar to the 2018 bill, the 2019 Act provides for punishment for crimes against transgender persons, which stands as an imprisonment for a term not less than six months, but which may extend to two years and a fine. Both bills also provide for the constitution of a National Council for Transgender Persons.Q.As per the Transgender Persons (Protection of Rights) Act, 2019, how shall one be legally considered as a transgender?

Directions: Read the following passage and answer the question.The Karnataka Legislative Assembly passed the Karnataka Right to Freedom of Religion Bill, 2021, commonly referred to as the Anti-Conversion Bill, amid opposition protests. The bill states, "No person shall convert or attempt to convert, either directly or otherwise, any other person from one religion to another by use of misrepresentation, force, undue influence, coercion, allurement or any fraudulent means, or by marriage, nor shall any person abet or conspire for conversions." It, however, provides an exemption in the case of a person who reconverts to his immediate previous religion as the same shall not be deemed to be a conversion under this act.According to the proposed legislation, complaints regarding conversions can be filed by family members or any other person who is related to the individual who is getting converted. A jail term along with fine have been proposed for those violating the law in the case of people from general categories, and an enhanced jail term and a fine has been mooted for those converting minors, women or persons from SC/ST communities.The bill also envisages payment of a compensation (on court orders) to victims of conversion by the persons attempting the conversion, and double punishment for repeat offences. Marriages conducted with the intention of conversion can be declared null and void by a family court or a jurisdictional court. The offence of conversion has been deemed to be a cognisable and non-bailable, that can be tried in a magistrates court under the proposed law.Any person intending to convert to another religion after the law comes into force will have to notify the district magistrate two months in advance. "The person who is carrying out the conversion must provide one month notice, and the district magistrate must conduct an enquiry through the police on the real purpose of the conversion", says the draft bill. Not informing the authorities will result in a prison term of six months to three years for persons who convert, and a term of one to five years for those carrying out conversions.The bill also requires the person who gets converted to inform the district magistrate of the conversion within 30 days, and he/she must appear before the district magistrate to confirm their identity. Not informing the district magistrate will lead to the conversion being declared null and void.[Extracted with edits and revisions from, Explained: What does Karnatakas contentious anti-conversion Bill propose?, The Indian Express]Q.A person got another person converted to his religion through fraud, and now the fraudulently converted person has written a letter to the district magistrate for compensation. Can the district magistrate award compensation?

Directions: Study the following information carefully and answer the questions given beside.The controversial Jan Vishwas Act, 2022 which was recently enacted into law by Parliament, has been touted by the government as a landmark piece of legislation aimed at improving “ease of doing business” in India by either decriminalizing or making “compoundable” offenses across 42 legislations. The fine print which has received little media attention is that while the legislation has mostly replaced criminal imprisonment with penalties, it has transferred the power to impose these monetary penalties from the judiciary to the bureaucracy. For example, the Jan Vishwas Act amends the Environmental (Protection) Act, 1986 and the Air (Prevention and Control of Pollution) Act, 1981 to replace imprisonment as a punishment for certain offenses with penalties of up to 15 lakhs that can be imposed by designated bureaucrats (Joint Secretaries). Under amendments to the Indian Forest Act, 1927 forest officers have the power not just to conduct an inquiry to determine the “damage done to the forest” by anybody but also order the offender to pay a hitherto uncapped “compensation” for said damage.Given the regularity with which India Inc. complains about tax terrorism, there is surprisingly no opposition to giving the bureaucracy the power to be both prosecutor and judge while imposing penalties and ordering the payment of compensation. The larger question is whether giving the bureaucracy, rather than the courts, the power to not just adjudicate a factual dispute but also penalize or order compensation, goes against the constitutional scheme of separation of powers.Although the Constitution does not mandate a separation of powers between the judiciary and the executive, Article 50 directs the state to achieve it in due time. Such a separation was not achieved until several years after the Constitution came into effect because the criminal magistracy was part of the executive at Independence. It took till approximately 1970, for several State legislatures to effect the separation of power at the level of the criminal magistracy through laws such as The West Bengal Separation of Judicial and Executive Functions Act, 1970 which separated the roles of the judicial and executive magistrates in the Criminal Procedure Code, 1898. The saga of protecting judicial independence from the roving eye of the bureaucracy did not end with the separation of the criminal magistracy from the executive.Q.Which of the following statements can be derived from the passage?

Top Courses for CLAT

Principle: There are legal provisions to give authority to a person to use necessary force against an assailant or wrong-doer for the purpose of protecting one’s own body and property as also another’s body and property when immediate aid from the state machinery is not readily available; and in so doing he is not answerable in law for his deeds.Facts: X, a rich man was taking his morning walk. Due to the threat of robbers in the locality, he was carrying his pistol also. From the opposite direction, another person was coming with a ferocious looking dog. All of a sudden, the dog which was on a chain held by the owner, started barking at X. The owner of the dog called the dog to be calm.They crossed each other without any problem. But suddenly, the dog started barking again from a distance. X immediately took out his pistol. By seeing the pistol the dog stopped barking and started walking with the owner. However, X shot at the dog which died instantly. The owner of the dog files a complaint against X, which in due course reached the Magistrate Court. X pleads the right of private defence. Decide.a)Shooting a fierce dog is not to be brought under the criminal law. So the case should be dismissed.b)There was no imminent danger to X as the dog stopped barking and was walking with the owner. Hence, shooting it amounted to excessive use of the right ofprivate defence and hence liable for killing the dog.c)The right of private defence is available to persons against assailants or wrongdoers only and a dog does not fall in this category.d)As there was no guarantee that the dog would not bark again, shooting it was a precautionary measure and hence within the right available to X under law.Correct answer is option 'B'. Can you explain this answer?
Question Description
Principle: There are legal provisions to give authority to a person to use necessary force against an assailant or wrong-doer for the purpose of protecting one’s own body and property as also another’s body and property when immediate aid from the state machinery is not readily available; and in so doing he is not answerable in law for his deeds.Facts: X, a rich man was taking his morning walk. Due to the threat of robbers in the locality, he was carrying his pistol also. From the opposite direction, another person was coming with a ferocious looking dog. All of a sudden, the dog which was on a chain held by the owner, started barking at X. The owner of the dog called the dog to be calm.They crossed each other without any problem. But suddenly, the dog started barking again from a distance. X immediately took out his pistol. By seeing the pistol the dog stopped barking and started walking with the owner. However, X shot at the dog which died instantly. The owner of the dog files a complaint against X, which in due course reached the Magistrate Court. X pleads the right of private defence. Decide.a)Shooting a fierce dog is not to be brought under the criminal law. So the case should be dismissed.b)There was no imminent danger to X as the dog stopped barking and was walking with the owner. Hence, shooting it amounted to excessive use of the right ofprivate defence and hence liable for killing the dog.c)The right of private defence is available to persons against assailants or wrongdoers only and a dog does not fall in this category.d)As there was no guarantee that the dog would not bark again, shooting it was a precautionary measure and hence within the right available to X under law.Correct answer is option 'B'. 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: There are legal provisions to give authority to a person to use necessary force against an assailant or wrong-doer for the purpose of protecting one’s own body and property as also another’s body and property when immediate aid from the state machinery is not readily available; and in so doing he is not answerable in law for his deeds.Facts: X, a rich man was taking his morning walk. Due to the threat of robbers in the locality, he was carrying his pistol also. From the opposite direction, another person was coming with a ferocious looking dog. All of a sudden, the dog which was on a chain held by the owner, started barking at X. The owner of the dog called the dog to be calm.They crossed each other without any problem. But suddenly, the dog started barking again from a distance. X immediately took out his pistol. By seeing the pistol the dog stopped barking and started walking with the owner. However, X shot at the dog which died instantly. The owner of the dog files a complaint against X, which in due course reached the Magistrate Court. X pleads the right of private defence. Decide.a)Shooting a fierce dog is not to be brought under the criminal law. So the case should be dismissed.b)There was no imminent danger to X as the dog stopped barking and was walking with the owner. Hence, shooting it amounted to excessive use of the right ofprivate defence and hence liable for killing the dog.c)The right of private defence is available to persons against assailants or wrongdoers only and a dog does not fall in this category.d)As there was no guarantee that the dog would not bark again, shooting it was a precautionary measure and hence within the right available to X under law.Correct answer is option 'B'. 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: There are legal provisions to give authority to a person to use necessary force against an assailant or wrong-doer for the purpose of protecting one’s own body and property as also another’s body and property when immediate aid from the state machinery is not readily available; and in so doing he is not answerable in law for his deeds.Facts: X, a rich man was taking his morning walk. Due to the threat of robbers in the locality, he was carrying his pistol also. From the opposite direction, another person was coming with a ferocious looking dog. All of a sudden, the dog which was on a chain held by the owner, started barking at X. The owner of the dog called the dog to be calm.They crossed each other without any problem. But suddenly, the dog started barking again from a distance. X immediately took out his pistol. By seeing the pistol the dog stopped barking and started walking with the owner. However, X shot at the dog which died instantly. The owner of the dog files a complaint against X, which in due course reached the Magistrate Court. X pleads the right of private defence. Decide.a)Shooting a fierce dog is not to be brought under the criminal law. So the case should be dismissed.b)There was no imminent danger to X as the dog stopped barking and was walking with the owner. Hence, shooting it amounted to excessive use of the right ofprivate defence and hence liable for killing the dog.c)The right of private defence is available to persons against assailants or wrongdoers only and a dog does not fall in this category.d)As there was no guarantee that the dog would not bark again, shooting it was a precautionary measure and hence within the right available to X under law.Correct answer is option 'B'. Can you explain this answer?.
Solutions for Principle: There are legal provisions to give authority to a person to use necessary force against an assailant or wrong-doer for the purpose of protecting one’s own body and property as also another’s body and property when immediate aid from the state machinery is not readily available; and in so doing he is not answerable in law for his deeds.Facts: X, a rich man was taking his morning walk. Due to the threat of robbers in the locality, he was carrying his pistol also. From the opposite direction, another person was coming with a ferocious looking dog. All of a sudden, the dog which was on a chain held by the owner, started barking at X. The owner of the dog called the dog to be calm.They crossed each other without any problem. But suddenly, the dog started barking again from a distance. X immediately took out his pistol. By seeing the pistol the dog stopped barking and started walking with the owner. However, X shot at the dog which died instantly. The owner of the dog files a complaint against X, which in due course reached the Magistrate Court. X pleads the right of private defence. Decide.a)Shooting a fierce dog is not to be brought under the criminal law. So the case should be dismissed.b)There was no imminent danger to X as the dog stopped barking and was walking with the owner. Hence, shooting it amounted to excessive use of the right ofprivate defence and hence liable for killing the dog.c)The right of private defence is available to persons against assailants or wrongdoers only and a dog does not fall in this category.d)As there was no guarantee that the dog would not bark again, shooting it was a precautionary measure and hence within the right available to X under law.Correct answer is option 'B'. 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: There are legal provisions to give authority to a person to use necessary force against an assailant or wrong-doer for the purpose of protecting one’s own body and property as also another’s body and property when immediate aid from the state machinery is not readily available; and in so doing he is not answerable in law for his deeds.Facts: X, a rich man was taking his morning walk. Due to the threat of robbers in the locality, he was carrying his pistol also. From the opposite direction, another person was coming with a ferocious looking dog. All of a sudden, the dog which was on a chain held by the owner, started barking at X. The owner of the dog called the dog to be calm.They crossed each other without any problem. But suddenly, the dog started barking again from a distance. X immediately took out his pistol. By seeing the pistol the dog stopped barking and started walking with the owner. However, X shot at the dog which died instantly. The owner of the dog files a complaint against X, which in due course reached the Magistrate Court. X pleads the right of private defence. Decide.a)Shooting a fierce dog is not to be brought under the criminal law. So the case should be dismissed.b)There was no imminent danger to X as the dog stopped barking and was walking with the owner. Hence, shooting it amounted to excessive use of the right ofprivate defence and hence liable for killing the dog.c)The right of private defence is available to persons against assailants or wrongdoers only and a dog does not fall in this category.d)As there was no guarantee that the dog would not bark again, shooting it was a precautionary measure and hence within the right available to X under law.Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Principle: There are legal provisions to give authority to a person to use necessary force against an assailant or wrong-doer for the purpose of protecting one’s own body and property as also another’s body and property when immediate aid from the state machinery is not readily available; and in so doing he is not answerable in law for his deeds.Facts: X, a rich man was taking his morning walk. Due to the threat of robbers in the locality, he was carrying his pistol also. From the opposite direction, another person was coming with a ferocious looking dog. All of a sudden, the dog which was on a chain held by the owner, started barking at X. The owner of the dog called the dog to be calm.They crossed each other without any problem. But suddenly, the dog started barking again from a distance. X immediately took out his pistol. By seeing the pistol the dog stopped barking and started walking with the owner. However, X shot at the dog which died instantly. The owner of the dog files a complaint against X, which in due course reached the Magistrate Court. X pleads the right of private defence. Decide.a)Shooting a fierce dog is not to be brought under the criminal law. So the case should be dismissed.b)There was no imminent danger to X as the dog stopped barking and was walking with the owner. Hence, shooting it amounted to excessive use of the right ofprivate defence and hence liable for killing the dog.c)The right of private defence is available to persons against assailants or wrongdoers only and a dog does not fall in this category.d)As there was no guarantee that the dog would not bark again, shooting it was a precautionary measure and hence within the right available to X under law.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for Principle: There are legal provisions to give authority to a person to use necessary force against an assailant or wrong-doer for the purpose of protecting one’s own body and property as also another’s body and property when immediate aid from the state machinery is not readily available; and in so doing he is not answerable in law for his deeds.Facts: X, a rich man was taking his morning walk. Due to the threat of robbers in the locality, he was carrying his pistol also. From the opposite direction, another person was coming with a ferocious looking dog. All of a sudden, the dog which was on a chain held by the owner, started barking at X. The owner of the dog called the dog to be calm.They crossed each other without any problem. But suddenly, the dog started barking again from a distance. X immediately took out his pistol. By seeing the pistol the dog stopped barking and started walking with the owner. However, X shot at the dog which died instantly. The owner of the dog files a complaint against X, which in due course reached the Magistrate Court. X pleads the right of private defence. Decide.a)Shooting a fierce dog is not to be brought under the criminal law. So the case should be dismissed.b)There was no imminent danger to X as the dog stopped barking and was walking with the owner. Hence, shooting it amounted to excessive use of the right ofprivate defence and hence liable for killing the dog.c)The right of private defence is available to persons against assailants or wrongdoers only and a dog does not fall in this category.d)As there was no guarantee that the dog would not bark again, shooting it was a precautionary measure and hence within the right available to X under law.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of Principle: There are legal provisions to give authority to a person to use necessary force against an assailant or wrong-doer for the purpose of protecting one’s own body and property as also another’s body and property when immediate aid from the state machinery is not readily available; and in so doing he is not answerable in law for his deeds.Facts: X, a rich man was taking his morning walk. Due to the threat of robbers in the locality, he was carrying his pistol also. From the opposite direction, another person was coming with a ferocious looking dog. All of a sudden, the dog which was on a chain held by the owner, started barking at X. The owner of the dog called the dog to be calm.They crossed each other without any problem. But suddenly, the dog started barking again from a distance. X immediately took out his pistol. By seeing the pistol the dog stopped barking and started walking with the owner. However, X shot at the dog which died instantly. The owner of the dog files a complaint against X, which in due course reached the Magistrate Court. X pleads the right of private defence. Decide.a)Shooting a fierce dog is not to be brought under the criminal law. So the case should be dismissed.b)There was no imminent danger to X as the dog stopped barking and was walking with the owner. Hence, shooting it amounted to excessive use of the right ofprivate defence and hence liable for killing the dog.c)The right of private defence is available to persons against assailants or wrongdoers only and a dog does not fall in this category.d)As there was no guarantee that the dog would not bark again, shooting it was a precautionary measure and hence within the right available to X under law.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Principle: There are legal provisions to give authority to a person to use necessary force against an assailant or wrong-doer for the purpose of protecting one’s own body and property as also another’s body and property when immediate aid from the state machinery is not readily available; and in so doing he is not answerable in law for his deeds.Facts: X, a rich man was taking his morning walk. Due to the threat of robbers in the locality, he was carrying his pistol also. From the opposite direction, another person was coming with a ferocious looking dog. All of a sudden, the dog which was on a chain held by the owner, started barking at X. The owner of the dog called the dog to be calm.They crossed each other without any problem. But suddenly, the dog started barking again from a distance. X immediately took out his pistol. By seeing the pistol the dog stopped barking and started walking with the owner. However, X shot at the dog which died instantly. The owner of the dog files a complaint against X, which in due course reached the Magistrate Court. X pleads the right of private defence. Decide.a)Shooting a fierce dog is not to be brought under the criminal law. So the case should be dismissed.b)There was no imminent danger to X as the dog stopped barking and was walking with the owner. Hence, shooting it amounted to excessive use of the right ofprivate defence and hence liable for killing the dog.c)The right of private defence is available to persons against assailants or wrongdoers only and a dog does not fall in this category.d)As there was no guarantee that the dog would not bark again, shooting it was a precautionary measure and hence within the right available to X under law.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
Explore Courses for CLAT exam

Top Courses for CLAT

Explore Courses
Signup for Free!
Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
10M+ students study on EduRev