CLAT Exam  >  CLAT Questions  >  Directions:The question is based on the reaso... Start Learning for Free
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 person's; 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. X was immediately confronted by Y, who wished to cause grievous hurt to X. X retaliated to protect himself by killing Y. How can X prove his innocence?
  • a)
    He need not prove his innocence as he would be protected under S. 100.
  • b)
    He has to prove that there was an immediate and necessary action required by him.
  • c)
    He cannot kill him in this case and innocence cannot be proved.
  • d)
    None of the above
Correct answer is option 'B'. Can you explain this answer?
Verified Answer
Directions:The question is based on the reasoning and arguments, or fa...
The burden of proof is on the accused, which is X in this case. He has to prove as to why the right to private defence will be available to him.
View all questions of this test
Related Free Doc
Explore Courses for CLAT exam

Similar CLAT Doubts

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.A man, hearing that his friend is in danger and is getting beaten up by a gang, took a hockey stick and went to the place it was happening. The gang, on seeing him arrived with a weapon, out of fear, started beating him and caused injury to him. The gang sought to claim the right of private defence in this matter. Will it succeed?

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.A man came to meet his friend at his house. His friend had a sixteen-year-old brother who was of unsound mind. On seeing the man, due to unsoundness, he perceived the man as a threat and tried to choke and kill him. The man while defending himself killed his friends brother. Will he be protected under private defence?

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?

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.A robber entered a house at night inhabited by Karun and Sheila. The robber broke into the house, but had not stolen anything yet. Karun got furious and grabbed a bat and thrashed him, which resulted in the death of the robber. Was Karuns act justified under law?Decide.

The Indian Penal Code, 1860 does not define ‘consent’ in positive terms, but what cannot be regarded as ‘consent’ under the Code is explained by Section 90. Section 90 reads as follows: “90. Consent known to be given under fear or misconception - A consent is not such a consent as is intended by any section of this Code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception;…” Consent given firstly under fear of injury and secondly under a misconception of fact is not ‘consent’ at all. That is what is enjoined by the first part of Section 90. These two grounds specified in Section 90 are analogous to coercion and mistake of fact which are the familiar grounds that can vitiate a transaction under the jurisprudence of our country as well as other countries. The factors set out in the first part of Section 90 are from the point of view of the victim. The second part of Section 90 enacts the corresponding provision from the point of view of the accused. It envisages that the accused too has knowledge or has reason to believe that the consent was given by the victim in consequence of fear of injury or misconception of fact. Thus, the second part lays emphasis on the knowledge or reasonable belief of the person who obtains the tainted consent. The requirements of both the parts should be cumulatively satisfied. In other words, the court has to see whether the person giving the consent had given it under fear of injury or misconception of fact and the court should also be satisfied that the person doing the act i.e. the alleged offender, is conscious of the fact or should have reason to think that but for the fear or misconception, the consent would not have been given. This is the scheme of Section 90 which is couched in negative terminology. Section 90 cannot, however, be construed as an exhaustive definition of consent for the purposes of the Indian Penal Code, 1860. The normal connotation and concept of ‘consent’ is not intended to be excluded. Various decisions of the High Court and of Supreme Court have not merely gone by the language of Section 90, but travelled a wider field, guided by the etymology of the word ‘consent’.Q.According to your understanding of the given passage, why is negative terminology used to explain the meaning of consent under Section 90?

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.X was immediately confronted by Y, who wished to cause grievous hurt to X. X retaliated to protect himself by killing Y. How can X prove his innocence?a)He need not prove his innocence as he would be protected under S. 100.b)He has to prove that there was an immediate and necessary action required by him.c)He cannot kill him in this case and innocence cannot be proved.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer?
Question Description
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.X was immediately confronted by Y, who wished to cause grievous hurt to X. X retaliated to protect himself by killing Y. How can X prove his innocence?a)He need not prove his innocence as he would be protected under S. 100.b)He has to prove that there was an immediate and necessary action required by him.c)He cannot kill him in this case and innocence cannot be proved.d)None of the aboveCorrect 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 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.X was immediately confronted by Y, who wished to cause grievous hurt to X. X retaliated to protect himself by killing Y. How can X prove his innocence?a)He need not prove his innocence as he would be protected under S. 100.b)He has to prove that there was an immediate and necessary action required by him.c)He cannot kill him in this case and innocence cannot be proved.d)None of the aboveCorrect 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 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.X was immediately confronted by Y, who wished to cause grievous hurt to X. X retaliated to protect himself by killing Y. How can X prove his innocence?a)He need not prove his innocence as he would be protected under S. 100.b)He has to prove that there was an immediate and necessary action required by him.c)He cannot kill him in this case and innocence cannot be proved.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer?.
Solutions for 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.X was immediately confronted by Y, who wished to cause grievous hurt to X. X retaliated to protect himself by killing Y. How can X prove his innocence?a)He need not prove his innocence as he would be protected under S. 100.b)He has to prove that there was an immediate and necessary action required by him.c)He cannot kill him in this case and innocence cannot be proved.d)None of the aboveCorrect 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 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.X was immediately confronted by Y, who wished to cause grievous hurt to X. X retaliated to protect himself by killing Y. How can X prove his innocence?a)He need not prove his innocence as he would be protected under S. 100.b)He has to prove that there was an immediate and necessary action required by him.c)He cannot kill him in this case and innocence cannot be proved.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of 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.X was immediately confronted by Y, who wished to cause grievous hurt to X. X retaliated to protect himself by killing Y. How can X prove his innocence?a)He need not prove his innocence as he would be protected under S. 100.b)He has to prove that there was an immediate and necessary action required by him.c)He cannot kill him in this case and innocence cannot be proved.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer?, a detailed solution for 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.X was immediately confronted by Y, who wished to cause grievous hurt to X. X retaliated to protect himself by killing Y. How can X prove his innocence?a)He need not prove his innocence as he would be protected under S. 100.b)He has to prove that there was an immediate and necessary action required by him.c)He cannot kill him in this case and innocence cannot be proved.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer? has been provided alongside types of 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.X was immediately confronted by Y, who wished to cause grievous hurt to X. X retaliated to protect himself by killing Y. How can X prove his innocence?a)He need not prove his innocence as he would be protected under S. 100.b)He has to prove that there was an immediate and necessary action required by him.c)He cannot kill him in this case and innocence cannot be proved.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice 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.X was immediately confronted by Y, who wished to cause grievous hurt to X. X retaliated to protect himself by killing Y. How can X prove his innocence?a)He need not prove his innocence as he would be protected under S. 100.b)He has to prove that there was an immediate and necessary action required by him.c)He cannot kill him in this case and innocence cannot be proved.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
Explore Courses for CLAT exam
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
Download the FREE EduRev App
Track your progress, build streaks, highlight & save important lessons and more!