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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. Nothing is an offence which is done in the exercise of the right of private defence.
Principle 2: The right of private defence of the body extends to the voluntary causing of death or of any other harm to the assailant, if the offence reasonably causes the apprehension that death, or grievous hurt will otherwise be the consequence of such assault. Also, if the assault is with the intention of committing rape, gratifying unnatural lust, kidnapping or abducting, or wrongfully confining a person under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release, he will have the right of private defence of the body extending to causing of death.
Principle 3: Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act.
Facts: Prateek, who is Prakha’s younger brother, under the influence of madness, attempts to kill Sachan, who is Prakha’s boyfriend. Prakha, not knowing how to react, and seeing Sachan helpless and on the verge of being murdered, hits on Prateek’s head with an antique metal vase. Prateek dies on the spot. Can Prakha claim the right of private defence of body?
 
  • a)
    No, because Prateek is guilty of no offence since he was of unsound mind.
  • b)
    Yes, because she was under the apprehension that Prateek will murder Sachan.
  • c)
    No, because Sachan was being killed, and not Prakha herself. And since this “private” defence and not “public” defence, only the victim can avail of this defence, and no one else.
  • d)
    No, because a mentally-unsound person was punished despite the fact that he had no knowledge of what he was doing. One cannot simply kill innocent people, and then claim private defence
Correct answer is option 'B'. Can you explain this answer?
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Right to private defence extends to causing death under the apprehension of murder or grievous hurt
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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.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.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?

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?

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. Nothing is an offence which is done in the exercise of the right of private defence.Principle 2: The right of private defence of the body extends to the voluntary causing of death or of any other harm to the assailant, if the offence reasonably causes the apprehension that death, or grievous hurt will otherwise be the consequence of such assault. Also, if the assault is with the intention of committing rape, gratifying unnatural lust, kidnapping or abducting, or wrongfully confining a person under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release, he will have the right of private defence of the body extending to causing of death.Principle 3: Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act.Facts: Prateek, who is Prakha’s younger brother, under the influence of madness, attempts to kill Sachan, who is Prakha’s boyfriend. Prakha, not knowing how to react, and seeing Sachan helpless and on the verge of being murdered, hits on Prateek’s head with an antique metal vase. Prateek dies on the spot. Can Prakha claim the right of private defence of body?a)No, because Prateek is guilty of no offence since he was of unsound mind.b)Yes, because she was under the apprehension that Prateek will murder Sachan.c)No, because Sachan was being killed, and not Prakha herself. And since this “private” defence and not “public” defence, only the victim can avail of this defence, and no one else.d)No, because a mentally-unsound person was punished despite the fact that he had no knowledge of what he was doing. One cannot simply kill innocent people, and then claim private defenceCorrect 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. Nothing is an offence which is done in the exercise of the right of private defence.Principle 2: The right of private defence of the body extends to the voluntary causing of death or of any other harm to the assailant, if the offence reasonably causes the apprehension that death, or grievous hurt will otherwise be the consequence of such assault. Also, if the assault is with the intention of committing rape, gratifying unnatural lust, kidnapping or abducting, or wrongfully confining a person under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release, he will have the right of private defence of the body extending to causing of death.Principle 3: Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act.Facts: Prateek, who is Prakha’s younger brother, under the influence of madness, attempts to kill Sachan, who is Prakha’s boyfriend. Prakha, not knowing how to react, and seeing Sachan helpless and on the verge of being murdered, hits on Prateek’s head with an antique metal vase. Prateek dies on the spot. Can Prakha claim the right of private defence of body?a)No, because Prateek is guilty of no offence since he was of unsound mind.b)Yes, because she was under the apprehension that Prateek will murder Sachan.c)No, because Sachan was being killed, and not Prakha herself. And since this “private” defence and not “public” defence, only the victim can avail of this defence, and no one else.d)No, because a mentally-unsound person was punished despite the fact that he had no knowledge of what he was doing. One cannot simply kill innocent people, and then claim private defenceCorrect 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. Nothing is an offence which is done in the exercise of the right of private defence.Principle 2: The right of private defence of the body extends to the voluntary causing of death or of any other harm to the assailant, if the offence reasonably causes the apprehension that death, or grievous hurt will otherwise be the consequence of such assault. Also, if the assault is with the intention of committing rape, gratifying unnatural lust, kidnapping or abducting, or wrongfully confining a person under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release, he will have the right of private defence of the body extending to causing of death.Principle 3: Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act.Facts: Prateek, who is Prakha’s younger brother, under the influence of madness, attempts to kill Sachan, who is Prakha’s boyfriend. Prakha, not knowing how to react, and seeing Sachan helpless and on the verge of being murdered, hits on Prateek’s head with an antique metal vase. Prateek dies on the spot. Can Prakha claim the right of private defence of body?a)No, because Prateek is guilty of no offence since he was of unsound mind.b)Yes, because she was under the apprehension that Prateek will murder Sachan.c)No, because Sachan was being killed, and not Prakha herself. And since this “private” defence and not “public” defence, only the victim can avail of this defence, and no one else.d)No, because a mentally-unsound person was punished despite the fact that he had no knowledge of what he was doing. One cannot simply kill innocent people, and then claim private defenceCorrect 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. Nothing is an offence which is done in the exercise of the right of private defence.Principle 2: The right of private defence of the body extends to the voluntary causing of death or of any other harm to the assailant, if the offence reasonably causes the apprehension that death, or grievous hurt will otherwise be the consequence of such assault. Also, if the assault is with the intention of committing rape, gratifying unnatural lust, kidnapping or abducting, or wrongfully confining a person under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release, he will have the right of private defence of the body extending to causing of death.Principle 3: Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act.Facts: Prateek, who is Prakha’s younger brother, under the influence of madness, attempts to kill Sachan, who is Prakha’s boyfriend. Prakha, not knowing how to react, and seeing Sachan helpless and on the verge of being murdered, hits on Prateek’s head with an antique metal vase. Prateek dies on the spot. Can Prakha claim the right of private defence of body?a)No, because Prateek is guilty of no offence since he was of unsound mind.b)Yes, because she was under the apprehension that Prateek will murder Sachan.c)No, because Sachan was being killed, and not Prakha herself. And since this “private” defence and not “public” defence, only the victim can avail of this defence, and no one else.d)No, because a mentally-unsound person was punished despite the fact that he had no knowledge of what he was doing. One cannot simply kill innocent people, and then claim private defenceCorrect 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. Nothing is an offence which is done in the exercise of the right of private defence.Principle 2: The right of private defence of the body extends to the voluntary causing of death or of any other harm to the assailant, if the offence reasonably causes the apprehension that death, or grievous hurt will otherwise be the consequence of such assault. Also, if the assault is with the intention of committing rape, gratifying unnatural lust, kidnapping or abducting, or wrongfully confining a person under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release, he will have the right of private defence of the body extending to causing of death.Principle 3: Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act.Facts: Prateek, who is Prakha’s younger brother, under the influence of madness, attempts to kill Sachan, who is Prakha’s boyfriend. Prakha, not knowing how to react, and seeing Sachan helpless and on the verge of being murdered, hits on Prateek’s head with an antique metal vase. Prateek dies on the spot. Can Prakha claim the right of private defence of body?a)No, because Prateek is guilty of no offence since he was of unsound mind.b)Yes, because she was under the apprehension that Prateek will murder Sachan.c)No, because Sachan was being killed, and not Prakha herself. And since this “private” defence and not “public” defence, only the victim can avail of this defence, and no one else.d)No, because a mentally-unsound person was punished despite the fact that he had no knowledge of what he was doing. One cannot simply kill innocent people, and then claim private defenceCorrect 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. Nothing is an offence which is done in the exercise of the right of private defence.Principle 2: The right of private defence of the body extends to the voluntary causing of death or of any other harm to the assailant, if the offence reasonably causes the apprehension that death, or grievous hurt will otherwise be the consequence of such assault. Also, if the assault is with the intention of committing rape, gratifying unnatural lust, kidnapping or abducting, or wrongfully confining a person under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release, he will have the right of private defence of the body extending to causing of death.Principle 3: Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act.Facts: Prateek, who is Prakha’s younger brother, under the influence of madness, attempts to kill Sachan, who is Prakha’s boyfriend. Prakha, not knowing how to react, and seeing Sachan helpless and on the verge of being murdered, hits on Prateek’s head with an antique metal vase. Prateek dies on the spot. Can Prakha claim the right of private defence of body?a)No, because Prateek is guilty of no offence since he was of unsound mind.b)Yes, because she was under the apprehension that Prateek will murder Sachan.c)No, because Sachan was being killed, and not Prakha herself. And since this “private” defence and not “public” defence, only the victim can avail of this defence, and no one else.d)No, because a mentally-unsound person was punished despite the fact that he had no knowledge of what he was doing. One cannot simply kill innocent people, and then claim private defenceCorrect 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. Nothing is an offence which is done in the exercise of the right of private defence.Principle 2: The right of private defence of the body extends to the voluntary causing of death or of any other harm to the assailant, if the offence reasonably causes the apprehension that death, or grievous hurt will otherwise be the consequence of such assault. Also, if the assault is with the intention of committing rape, gratifying unnatural lust, kidnapping or abducting, or wrongfully confining a person under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release, he will have the right of private defence of the body extending to causing of death.Principle 3: Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act.Facts: Prateek, who is Prakha’s younger brother, under the influence of madness, attempts to kill Sachan, who is Prakha’s boyfriend. Prakha, not knowing how to react, and seeing Sachan helpless and on the verge of being murdered, hits on Prateek’s head with an antique metal vase. Prateek dies on the spot. Can Prakha claim the right of private defence of body?a)No, because Prateek is guilty of no offence since he was of unsound mind.b)Yes, because she was under the apprehension that Prateek will murder Sachan.c)No, because Sachan was being killed, and not Prakha herself. And since this “private” defence and not “public” defence, only the victim can avail of this defence, and no one else.d)No, because a mentally-unsound person was punished despite the fact that he had no knowledge of what he was doing. One cannot simply kill innocent people, and then claim private defenceCorrect 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. Nothing is an offence which is done in the exercise of the right of private defence.Principle 2: The right of private defence of the body extends to the voluntary causing of death or of any other harm to the assailant, if the offence reasonably causes the apprehension that death, or grievous hurt will otherwise be the consequence of such assault. Also, if the assault is with the intention of committing rape, gratifying unnatural lust, kidnapping or abducting, or wrongfully confining a person under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release, he will have the right of private defence of the body extending to causing of death.Principle 3: Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act.Facts: Prateek, who is Prakha’s younger brother, under the influence of madness, attempts to kill Sachan, who is Prakha’s boyfriend. Prakha, not knowing how to react, and seeing Sachan helpless and on the verge of being murdered, hits on Prateek’s head with an antique metal vase. Prateek dies on the spot. Can Prakha claim the right of private defence of body?a)No, because Prateek is guilty of no offence since he was of unsound mind.b)Yes, because she was under the apprehension that Prateek will murder Sachan.c)No, because Sachan was being killed, and not Prakha herself. And since this “private” defence and not “public” defence, only the victim can avail of this defence, and no one else.d)No, because a mentally-unsound person was punished despite the fact that he had no knowledge of what he was doing. One cannot simply kill innocent people, and then claim private defenceCorrect 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. Nothing is an offence which is done in the exercise of the right of private defence.Principle 2: The right of private defence of the body extends to the voluntary causing of death or of any other harm to the assailant, if the offence reasonably causes the apprehension that death, or grievous hurt will otherwise be the consequence of such assault. Also, if the assault is with the intention of committing rape, gratifying unnatural lust, kidnapping or abducting, or wrongfully confining a person under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release, he will have the right of private defence of the body extending to causing of death.Principle 3: Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act.Facts: Prateek, who is Prakha’s younger brother, under the influence of madness, attempts to kill Sachan, who is Prakha’s boyfriend. Prakha, not knowing how to react, and seeing Sachan helpless and on the verge of being murdered, hits on Prateek’s head with an antique metal vase. Prateek dies on the spot. Can Prakha claim the right of private defence of body?a)No, because Prateek is guilty of no offence since he was of unsound mind.b)Yes, because she was under the apprehension that Prateek will murder Sachan.c)No, because Sachan was being killed, and not Prakha herself. And since this “private” defence and not “public” defence, only the victim can avail of this defence, and no one else.d)No, because a mentally-unsound person was punished despite the fact that he had no knowledge of what he was doing. One cannot simply kill innocent people, and then claim private defenceCorrect 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. Nothing is an offence which is done in the exercise of the right of private defence.Principle 2: The right of private defence of the body extends to the voluntary causing of death or of any other harm to the assailant, if the offence reasonably causes the apprehension that death, or grievous hurt will otherwise be the consequence of such assault. Also, if the assault is with the intention of committing rape, gratifying unnatural lust, kidnapping or abducting, or wrongfully confining a person under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release, he will have the right of private defence of the body extending to causing of death.Principle 3: Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act.Facts: Prateek, who is Prakha’s younger brother, under the influence of madness, attempts to kill Sachan, who is Prakha’s boyfriend. Prakha, not knowing how to react, and seeing Sachan helpless and on the verge of being murdered, hits on Prateek’s head with an antique metal vase. Prateek dies on the spot. Can Prakha claim the right of private defence of body?a)No, because Prateek is guilty of no offence since he was of unsound mind.b)Yes, because she was under the apprehension that Prateek will murder Sachan.c)No, because Sachan was being killed, and not Prakha herself. And since this “private” defence and not “public” defence, only the victim can avail of this defence, and no one else.d)No, because a mentally-unsound person was punished despite the fact that he had no knowledge of what he was doing. One cannot simply kill innocent people, and then claim private defenceCorrect answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
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