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Principle:
1. Every person has a right to defend his own body, and the body of any other person, against any offence affecting the human body.
2. The right of private defence in no case extends to inflicting more harm than necessary for the purpose of defence.
Facts: Rajendra, a police inspector; saw two men on motorbikes; one armed with a stick and the other armed with a scythe chasing a boy and warned them to stop harassing the boy however they continued pursuing the boy. Rajendra who was carrying a loaded revolver (and nothing else) shot the man carrying a stick on head thereby killing him instantly and the other carrying a scythe on his legs causing him to fall down.
Q. Decide Rajendra's liability based on the facts mentioned above.
  • a)
    Both acts done by Rajendra are justifiable as acts done in exercise of the right to private defence.
  • b)
    Rajendra's act of shooting the man on leg only; is justifiable as an act done in exercise of the right to private defence.
  • c)
    Rajendra's act of shooting the man on head only; is justifiable as an act done in exercise of the right to private defence.
  • d)
    Rajendra's act of shooting the man on leg is not justifiable as an act done in exercise of the right to private defence.
Correct answer is option 'B'. Can you explain this answer?
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Principle:1. Every person has a right to defend his own body, and the...
Rajendra's act of shooting the man in the leg is justified as it was sufficient to ward of the impending danger at that moment.
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Directions: Read the following passage and answer the question.Nothing is an offence which is done in the exercise of the right of private defence. Every person has a right, subject to the restrictions contained in section 99, to defend, first, his own body, and the body of any other person, against any offence affecting the human body; secondly. the property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act may not be strictly justifiable by law. There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law. There is no right of private defence in cases in which there is time to have recourse to protection of the public authorities.The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence.[Extracted with edits and revisions from Readers Blog by The Times of India]Q.Sanjana was the victim of an attempted diamond necklace theft. She pulled a knife out of her purse to defend the same. Sanjana used the knife to cut the thiefs throat, killing him, after he pulled a revolver on her and threatened to steal the necklace against her will. Later, she adopted the right to private defense defense. Does killing the thief fall under her right to private defense?

Directions: Read the following passage and answer the question.Nothing is an offence which is done in the exercise of the right of private defence. Every person has a right, subject to the restrictions contained in section 99, to defend, first, his own body, and the body of any other person, against any offence affecting the human body; secondly. the property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act may not be strictly justifiable by law. There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law. There is no right of private defence in cases in which there is time to have recourse to protection of the public authorities.The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence.[Extracted with edits and revisions from Readers Blog by The Times of India]Q.Anju enters a house that she is legally allowed to enter at night. Zaid tackles Anju in good faith after mistaking her for a burglar. Identify the correct statement(s) related to right to private defence.

Directions: Read the following passage and answer the question. Nothing is an offence which is done in the exercise of the right of private defence. Every person has a right, subject to the restrictions contained in section 99, to defend, first, his own body, and the body of any other person, against any offence affecting the human body; secondly. the property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass. When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence. There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act may not be strictly justifiable by law. There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law. There is no right of private defence in cases in which there is time to have recourse to protection of the public authorities. The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence. [Extracted with edits and revisions from Readers Blog by The Times of India] Q.What are the restrictions on the right of private defence?

Directions: Read the following passage and answer the question.Nothing is an offence which is done in the exercise of the right of private defence. Every person has a right, subject to the restrictions contained in section 99, to defend, first, his own body, and the body of any other person, against any offence affecting the human body; secondly. the property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act may not be strictly justifiable by law. There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law. There is no right of private defence in cases in which there is time to have recourse to protection of the public authorities.The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence.[Extracted with edits and revisions from Readers Blog by The Times of India]Q.Amit makes an attempt to assassinate Bhanu while he is insane. Bhanu kills Amit in order to protect himself. In the circumstances described, which of the following statements is true?

Read the following passage and answer the question.Rule of natural justice are placed so highthat it has been declared time and again by courts that “no human law are of any validity, if contrary to this”, and court of law could discard an act of parliament if it is contrary to natural justice. Generally no provision is found in any statute for observance of principle of natural justice by adjudicating authorities.Question then arises, whether the adjudicating authorities are bound to follow these principles. Law is well settled on this point, courts have observed that even though there is no positive words in a statuteor rules requiring that the parties shall be heard, yet the principles of natural justice will supply the omission of legislature. In other words if a statute or rule authorising interference with property, civil or fundamental rights was silent on question of hearing and notice, the courts will apply the rules as it is “of universal application and founded on plainest principle of natural justice”. Non-observance of principle will invalidate the exercise of power by any authority. Principle of natural justice are binding on all courts, judicial bodies and quasi judicial bodies. Question is -are they applicable to an administrative action? Earlier court took the view that it is inapplicable but as per lord denning “that heresy has been scotched”. Thus a statutory body irrespective of its nature or function has to act fairly and not in an arbitrary manner.Principles of natural justice differs from situation to situation but certain basic premises remain the same. For instance, accused should know the nature of accusation made, he should be given an opportunity to state his case and tribunal should act in good faith. Whenever, a complaint is made to court regarding non observance of principles of natural justice, court has to see whether the observance of that rule was necessary for a just and fair decision as per the facts of the case. If it was necessary then court will declare the decision ultra vires the power of authority.Traditionally, there are 2 principles of natural justice.(i) No man shall be judge in his own cause, or no man can act as both at the one and the same time- a party or a suitor and also a judge, or a deciding authority must be impartial and without bias.(ii) Hear the other side, or both the side must be heard, or no man should be condemned unheard, or that there must be fairness on the part of deciding authority.Rule against bias simply means that, justice should not only be done, but manifestly and undoubtedly be seen to be done. Anything which tends or may be regarded as tending to cause such person to decide a case otherwise than on evidence must be held to be biased. Judge is supposed to be indifferent to the parties in a controversy. He must be in position to decide the matter objectively. He cannot allow his personal prejudice to go into decision making. Object is not merely that scales be held even; it is also that they may not appear to be inclined. This rule also applies to administrative authorities required to act judicially.Right to be heard simply means that, a party is not to suffer in person or in purse without an opportunity of being heard. In short, before an order is passed against any person, reasonable opportunity of being heard must be given to him. This maxim includes 2 elements- notice and hearing. Any action taken without notice is against principle of natural justice and is void ab initio. Notice must be clear, specific and unambiguous and charges should not be vague and uncertain. Moreover, notice must give reasonable opportunity to comply with requirement mentioned therein. Hearing simply means that no adverse action can be taken against any person without giving him an opportunity of being heard. It also means that, adjudicating authority must disclose all evidence and material placed before it in the course of hearing proceeding and must afford an opportunity to the person against whom the evidences are to be used to rebut it. Another rule of hearing is “he who hears should decide” or “one who decides must hear”.Q.Raman was removed from service of XYZ ltd which is a government company. Before removal he was given proper show cause notice and was heard by Principle secretary of Power ministry who was also a share holder in XYZ limited but did not have any controlling interest in the company. He owned 20% of share in the company. Raman before being removed was heard properly and all principles of natural justice related to notice and hearing were followed. Decide, whether his removal was valid or not.

Principle:1. Every person has a right to defend his own body, and the body of any other person, against any offence affecting the human body.2. The right of private defence in no case extends to inflicting more harm than necessary for the purpose of defence.Facts: Rajendra, a police inspector; saw two men on motorbikes; one armed with a stick and the other armed with a scythe chasing a boy and warned them to stop harassing the boy however they continued pursuing the boy. Rajendra who was carrying a loaded revolver (and nothing else) shot the man carrying a stick on head thereby killing him instantly and the other carrying a scythe on his legs causing him to fall down.Q. Decide Rajendra's liability based on the facts mentioned above.a)Both acts done by Rajendra are justifiable as acts done in exercise of the right to private defence.b)Rajendra's act of shooting the man on leg only; is justifiable as an act done in exercise of the right to private defence.c)Rajendra's act of shooting the man on head only; is justifiable as an act done in exercise of the right to private defence.d)Rajendra's act of shooting the man on leg is not justifiable as an act done in exercise of the right to private defence.Correct answer is option 'B'. Can you explain this answer?
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Principle:1. Every person has a right to defend his own body, and the body of any other person, against any offence affecting the human body.2. The right of private defence in no case extends to inflicting more harm than necessary for the purpose of defence.Facts: Rajendra, a police inspector; saw two men on motorbikes; one armed with a stick and the other armed with a scythe chasing a boy and warned them to stop harassing the boy however they continued pursuing the boy. Rajendra who was carrying a loaded revolver (and nothing else) shot the man carrying a stick on head thereby killing him instantly and the other carrying a scythe on his legs causing him to fall down.Q. Decide Rajendra's liability based on the facts mentioned above.a)Both acts done by Rajendra are justifiable as acts done in exercise of the right to private defence.b)Rajendra's act of shooting the man on leg only; is justifiable as an act done in exercise of the right to private defence.c)Rajendra's act of shooting the man on head only; is justifiable as an act done in exercise of the right to private defence.d)Rajendra's act of shooting the man on leg is not justifiable as an act done in exercise of the right to private defence.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:1. Every person has a right to defend his own body, and the body of any other person, against any offence affecting the human body.2. The right of private defence in no case extends to inflicting more harm than necessary for the purpose of defence.Facts: Rajendra, a police inspector; saw two men on motorbikes; one armed with a stick and the other armed with a scythe chasing a boy and warned them to stop harassing the boy however they continued pursuing the boy. Rajendra who was carrying a loaded revolver (and nothing else) shot the man carrying a stick on head thereby killing him instantly and the other carrying a scythe on his legs causing him to fall down.Q. Decide Rajendra's liability based on the facts mentioned above.a)Both acts done by Rajendra are justifiable as acts done in exercise of the right to private defence.b)Rajendra's act of shooting the man on leg only; is justifiable as an act done in exercise of the right to private defence.c)Rajendra's act of shooting the man on head only; is justifiable as an act done in exercise of the right to private defence.d)Rajendra's act of shooting the man on leg is not justifiable as an act done in exercise of the right to private defence.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:1. Every person has a right to defend his own body, and the body of any other person, against any offence affecting the human body.2. The right of private defence in no case extends to inflicting more harm than necessary for the purpose of defence.Facts: Rajendra, a police inspector; saw two men on motorbikes; one armed with a stick and the other armed with a scythe chasing a boy and warned them to stop harassing the boy however they continued pursuing the boy. Rajendra who was carrying a loaded revolver (and nothing else) shot the man carrying a stick on head thereby killing him instantly and the other carrying a scythe on his legs causing him to fall down.Q. Decide Rajendra's liability based on the facts mentioned above.a)Both acts done by Rajendra are justifiable as acts done in exercise of the right to private defence.b)Rajendra's act of shooting the man on leg only; is justifiable as an act done in exercise of the right to private defence.c)Rajendra's act of shooting the man on head only; is justifiable as an act done in exercise of the right to private defence.d)Rajendra's act of shooting the man on leg is not justifiable as an act done in exercise of the right to private defence.Correct answer is option 'B'. Can you explain this answer?.
Solutions for Principle:1. Every person has a right to defend his own body, and the body of any other person, against any offence affecting the human body.2. The right of private defence in no case extends to inflicting more harm than necessary for the purpose of defence.Facts: Rajendra, a police inspector; saw two men on motorbikes; one armed with a stick and the other armed with a scythe chasing a boy and warned them to stop harassing the boy however they continued pursuing the boy. Rajendra who was carrying a loaded revolver (and nothing else) shot the man carrying a stick on head thereby killing him instantly and the other carrying a scythe on his legs causing him to fall down.Q. Decide Rajendra's liability based on the facts mentioned above.a)Both acts done by Rajendra are justifiable as acts done in exercise of the right to private defence.b)Rajendra's act of shooting the man on leg only; is justifiable as an act done in exercise of the right to private defence.c)Rajendra's act of shooting the man on head only; is justifiable as an act done in exercise of the right to private defence.d)Rajendra's act of shooting the man on leg is not justifiable as an act done in exercise of the right to private defence.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:1. Every person has a right to defend his own body, and the body of any other person, against any offence affecting the human body.2. The right of private defence in no case extends to inflicting more harm than necessary for the purpose of defence.Facts: Rajendra, a police inspector; saw two men on motorbikes; one armed with a stick and the other armed with a scythe chasing a boy and warned them to stop harassing the boy however they continued pursuing the boy. Rajendra who was carrying a loaded revolver (and nothing else) shot the man carrying a stick on head thereby killing him instantly and the other carrying a scythe on his legs causing him to fall down.Q. Decide Rajendra's liability based on the facts mentioned above.a)Both acts done by Rajendra are justifiable as acts done in exercise of the right to private defence.b)Rajendra's act of shooting the man on leg only; is justifiable as an act done in exercise of the right to private defence.c)Rajendra's act of shooting the man on head only; is justifiable as an act done in exercise of the right to private defence.d)Rajendra's act of shooting the man on leg is not justifiable as an act done in exercise of the right to private defence.Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Principle:1. Every person has a right to defend his own body, and the body of any other person, against any offence affecting the human body.2. The right of private defence in no case extends to inflicting more harm than necessary for the purpose of defence.Facts: Rajendra, a police inspector; saw two men on motorbikes; one armed with a stick and the other armed with a scythe chasing a boy and warned them to stop harassing the boy however they continued pursuing the boy. Rajendra who was carrying a loaded revolver (and nothing else) shot the man carrying a stick on head thereby killing him instantly and the other carrying a scythe on his legs causing him to fall down.Q. Decide Rajendra's liability based on the facts mentioned above.a)Both acts done by Rajendra are justifiable as acts done in exercise of the right to private defence.b)Rajendra's act of shooting the man on leg only; is justifiable as an act done in exercise of the right to private defence.c)Rajendra's act of shooting the man on head only; is justifiable as an act done in exercise of the right to private defence.d)Rajendra's act of shooting the man on leg is not justifiable as an act done in exercise of the right to private defence.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for Principle:1. Every person has a right to defend his own body, and the body of any other person, against any offence affecting the human body.2. The right of private defence in no case extends to inflicting more harm than necessary for the purpose of defence.Facts: Rajendra, a police inspector; saw two men on motorbikes; one armed with a stick and the other armed with a scythe chasing a boy and warned them to stop harassing the boy however they continued pursuing the boy. Rajendra who was carrying a loaded revolver (and nothing else) shot the man carrying a stick on head thereby killing him instantly and the other carrying a scythe on his legs causing him to fall down.Q. Decide Rajendra's liability based on the facts mentioned above.a)Both acts done by Rajendra are justifiable as acts done in exercise of the right to private defence.b)Rajendra's act of shooting the man on leg only; is justifiable as an act done in exercise of the right to private defence.c)Rajendra's act of shooting the man on head only; is justifiable as an act done in exercise of the right to private defence.d)Rajendra's act of shooting the man on leg is not justifiable as an act done in exercise of the right to private defence.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of Principle:1. Every person has a right to defend his own body, and the body of any other person, against any offence affecting the human body.2. The right of private defence in no case extends to inflicting more harm than necessary for the purpose of defence.Facts: Rajendra, a police inspector; saw two men on motorbikes; one armed with a stick and the other armed with a scythe chasing a boy and warned them to stop harassing the boy however they continued pursuing the boy. Rajendra who was carrying a loaded revolver (and nothing else) shot the man carrying a stick on head thereby killing him instantly and the other carrying a scythe on his legs causing him to fall down.Q. Decide Rajendra's liability based on the facts mentioned above.a)Both acts done by Rajendra are justifiable as acts done in exercise of the right to private defence.b)Rajendra's act of shooting the man on leg only; is justifiable as an act done in exercise of the right to private defence.c)Rajendra's act of shooting the man on head only; is justifiable as an act done in exercise of the right to private defence.d)Rajendra's act of shooting the man on leg is not justifiable as an act done in exercise of the right to private defence.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Principle:1. Every person has a right to defend his own body, and the body of any other person, against any offence affecting the human body.2. The right of private defence in no case extends to inflicting more harm than necessary for the purpose of defence.Facts: Rajendra, a police inspector; saw two men on motorbikes; one armed with a stick and the other armed with a scythe chasing a boy and warned them to stop harassing the boy however they continued pursuing the boy. Rajendra who was carrying a loaded revolver (and nothing else) shot the man carrying a stick on head thereby killing him instantly and the other carrying a scythe on his legs causing him to fall down.Q. Decide Rajendra's liability based on the facts mentioned above.a)Both acts done by Rajendra are justifiable as acts done in exercise of the right to private defence.b)Rajendra's act of shooting the man on leg only; is justifiable as an act done in exercise of the right to private defence.c)Rajendra's act of shooting the man on head only; is justifiable as an act done in exercise of the right to private defence.d)Rajendra's act of shooting the man on leg is not justifiable as an act done in exercise of the right to private defence.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
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