PRINCIPLE: When an act, which would otherwise be an 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, every person has the same right of private defence against that act, which he would have if the act were that offence. Nothing is an offence which is done in the exercise of the right of private defence.FACTS: A, under the influence of madness, attempts to kill B. B in order to save his life cause grievous hurt to A.a)A has committed an offenceb)A has not committed an offencec)B has committed an offenced)B has not committed any offenceCorrect answer is option 'D'. Can you explain this answer?
7 answers
|
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 Prakhas younger brother, under the influence of madness, attempts to kill Sachan, who is Prakhas boyfriend. Prakha, not knowing how to react, and seeing Sachan helpless and on the verge of being murdered, hits on Prateeks 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?
3 answers
|
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?a)No, a diamond necklace and the right to life cannot be compared.b)Yes, a diamond necklace has greater value than a simple thiefs life.c)No, using deadly force against a thief is not a legitimate use of ones right to self-defense.d)Yes, because it is legal to kill someone in order to protect property.Correct answer is option 'D'. Can you explain this answer?
1 answers
|
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.a)Zaid does not violate the law by harming Anju while harboring this notion.b)Anju is entitled to the same private defense against Zaid that she would have if Zaid had not acted in error.c)All of 1 and 2d)None of the aboveCorrect answer is option 'C'. Can you explain this answer?
1 answers
|
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?a)No, as he was unsound and a child, it is not a criminal act and no private defence applies.b)Yes, the private defence is valid against an unsound person.c)Yes, the man can defend himself just because of childs unsoundness even if the child didnt assault him.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer?
1 answers
|
Needed a Document for general defence of tort for clat? Related: General Defences - Law of Tort?
1 answers
|
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?a)No, as it was not a sudden or an immediate threat.b)Yes, he had apprehension of death and he had the right to private defence.c)No, he cannot claim private defence as he used excessive force.d)Yes, he saw Ram coming to attack him and rightly protected himself.Correct answer is option 'A'. Can you explain this answer?
1 answers
|
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.a)No, as the robber had not committed robbery yet.b)Yes, Karun felt a threat to his property and was hence justified in his acts.c)Yes, as the robber broke into the house at night.d)No, Karun reacted with an offensive measure when the defence wasnt necessary.Correct answer is option 'C'. Can you explain this answer?
1 answers
|
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?
a)There are no restrictions on the right of private defence.
b)The right of private defence cannot be exercised in cases where there is time to seek help from the public authorities.
c)The right of private defence can be exercised against any act falling under the definition of theft, robbery, mischief or criminal trespass.
d)The right of private defence can only be exercised against offences affecting the human body.
Correct answer is option 'B'. Can you explain this answer?
1 answers
|
define the non specific lines of defence in the body
1 answers
|
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?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.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 thathe 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?
1 answers
|
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?a)Yes, as he was carrying a weapon.b)Yes, it was an immediate and necessary action required because he came ferociously to save his friend.c)No, he had merely brought a weapon but never tried to use it.d)No, a hockey stick is not dangerous enough.Correct answer is option 'C'. Can you explain this answer?
1 answers
|
Principle: If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender is so situated that he cannot effectually exercise that right without risk of harm of an innocent person; his right of private defence extends to the running of that risk.Facts: A is attacked by a mob who attempts to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob.a)A commits no offence if by so firing he harms any of the children.b)A commits an offence of murderc)Firing in the public place is an offence, so he is liabled)None of the aboveCorrect answer is option 'A'. Can you explain this answer?
1 answers
|
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?
1 answers
|
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 Prakhas younger brother, under the influence of madness, attempts to kill Sachan, who is Prakhas boyfriend. Prakha, not knowing how to react, and seeing Sachan helpless and on the verge of being murdered, hits on Prateeks 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?
1 answers
|
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.Arun issued a threat to Banke over the phone, indicating his intention to arrive in the evening with a pistol to harm him. In response, Banke armed himself with a homemade pistol and awaited Aruns arrival. Approximately 8 hours later, Banke observed Arun approaching his residence while holding a firearm. In response to this imminent threat, Banke fired a shot, resulting in Aruns immediate death. Evaluate the applicability of the right to private defence in this scenario.a)Yes, this is a clear instance of the right to private defence.b)Banke used lethal force only upon encountering Arun with a firearm, making it a case of private defence.c)There is no entitlement to the right of private defence because Banke had ample time to seek police assistance for protection.d)Both options 1 and 2Correct answer is option 'C'. Can you explain this answer?
1 answers
|
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?a)Nothing wrong has been done by Bhanu.b)A wrongdoing has been done by Bhanu.c)The crime of trying to murder was committed by Amit.d)None of the aboveCorrect answer is option 'A'. Can you explain this answer?
1 answers
|
DIRECTIONS for the question:Mark the best option:Principles:"Arms" refers to any article, of any description, designed or adapted as weapons of offence or defense, but does not include articles designed solely for domestic or agricultural uses.Facts:Ravi possesses an iron rod which he keeps on his person for defence. A blow from the rod may prove to be fatal.Q. Is the article in possession a weapon?a)Yesb)Noc)Yes, because it is a weapon of defensed)Yes, because it is a weapon of offence or defence, and because it is not an article used domestically or in agricultureCorrect answer is option 'D'. Can you explain this answer?
1 answers
|
The law of torts has been evolving throughout its existence. There are certain principles which are used to counter claims for compensation. These counterclaims or defences are used to evict those citizens from tortious liability who have been unfairly been implicated with wrong claims imposed on them. These defences have been formulated from time to time to keep up with the basis of imposition of tortious liability on a person.INEVITABLE ACCIDENTInevitable Accidents are, as evident from the name, events which could not have been prevented by the parties through the exercise of ordinary care, caution, and skill.An inevitable accident is one which could not be possibly prevented by the exercise of ordinary care, caution and skill and hence it does not apply to anything which either of the parties might have avoided. Sir Frederick Pollock defined an inevitable accident as an accident which is not avoidable by any precautions, a reasonable man could have expected to take.In the past cases, the defence of inevitable accident used to be very relevant in actions for trespass when the older rule was that even an innocent trespass was actionable unless the defendant could prove that the accident was caused due to it being inevitable in nature.The term "inevitable accident" is used in instances where the accidents occur by chance and in the absence of human error. Both of these are similar in terms of negligence, if it is proved by the plaintiff that there was negligence on the part of the defendant then the defendant will not be able to escape liability by using these defenses.To sum it all up, an inevitable accident is an event which happens not only without the concurrence of the will of a man but in spite of all the efforts that a man may put on his part to prevent it from happening i.e. an accident which is physically unavoidable and can't be prevented by human skill or foresight.Q. X was carrying on the business of production of narcotic and psychotropic substances for which one needed to obtain a permit license from Central Bureau of Narcotics. X had applied for the license to run such a business which was awaited. The process involved use of large boilers to heat water. The boilers were imported from abroad and were best available anywhere in the world. X ensured that the boilers were used according to the instructions of the manufacturers. Due to some latent fault in manufacturing, one of the boilers burst, causing injuries to several workers. On being charged, X pleaded the defence of "accident". Decide.a)X can plead the defence of accident as the accident was caused by a latent manufacturing defect.b)X cannot plead the defence of accident as he was involved in an unlawful act.c)X can plead the defence of accident as he took necessary precaution and care while operating the boilers.d)X cannot plead the defence of accident as he must have had knowledge that the operation was inherently dangerous.Correct answer is option 'B'. Can you explain this answer?
1 answers
|
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?
1 answers
|
PRINCIPLE: When an act, which would otherwise be an 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, every person has the same right of private defence against that act, which he would have if the act were that offence. Nothing is an offence which is done in the exercise of the right of private defence.FACTS: A, under the influence of madness, attempts to kill B. B in order to save his life cause grievous hurt to A.a)A has committed an offenceb)A has not committed an offencec)B has committed an offenced)B has not committed any offenceCorrect answer is option 'D'. Can you explain this answer?
1 answers
|
Principle : When an act, which would otherwise be an 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, every person has the same right of private defence against that act, which he would have if the act were that offence. Nothing is an offence which is done in the exercise of the right of private defence.Facts : A, under the influence of madness, attempts to kill B. B in order to save his life causes grievous hurt to A.a)A has committed an offenceb)A has not committed an offencec)B has committed an offenced)B has not committed any offenceCorrect answer is option 'D'. Can you explain this answer?
1 answers
|
What is the main purpose of India's Defence Offset Policy?a)To encourage defense imports and reduce domestic manufacturing.b)To stipulate a mandatory offset requirement of 50% for defense contracts.c)To provide fiscal incentives to foreign defense OEMs.d)To promote technology transfer and investment in India's defense industry.Correct answer is option 'D'. Can you explain this answer?
1 answers
|
Directions: Read the following passage and answer the question.In the law of torts, one defence available to a defendant is the defence of volenti non-fit injuria in which the plaintiff is not entitled to damages because he consents to the act which has caused injury to him.In torts, there is a duty on every person to do acts with reasonable care in order to avoid any harm which may occur due to their failure of taking such care. This is general, but there are certain exceptions which are allowed in these cases called defences to tort. Under these defences, a defendant can escape liability, and volenti non-fit injuria is also one such defence which is available for the defendant.For the application of this defence, there are some essential elements or conditions which must be fulfilled to prevent liability. The plaintiff has the knowledge of the risk and that the plaintiff with this knowledge has voluntarily agreed to suffer the harm.Thus, whenever the plaintiff is aware of the possibility of harm which is likely to be caused by an act and when he still accepts to do that act and therefore agrees to suffer the injury, a defendant is relieved of his liability.But only having knowledge about the risk is not enough for the application of this defence, it is known as scienti non fit injuria, which means that mere knowledge does not mean consent to the risk. Thus, having knowledge is only a partial fulfillment of the conditions for the application of volenti non fit injuria.In the cases where the defendant is taking the defence, the burden of proof is on him to show that the plaintiff had full knowledge of the act and consented to the risk involved in the act and the defendant has to show that the plaintiff was also aware of the extent of risk which was involved in the act. For such a defence, the consent of the defendant is not required to be expressly given and even by his conduct, his consent can be taken. When a plaintiff gives his consent for an act, such consent should be free from any coercion, fraud or any other such means by which the free consent can be affected. In case the consent of a person is not free, the defendant cannot claim this defence to escape liability and he will be held liable for damage caused.[Extracted, with edits and revisions, from volenti non fit injuria, blog by lawtimesjournal]Q.What is required for the application of the volenti non-fit injuria defense?a)Mere knowledge of the riskb)Complete ignorance of the riskc)Consent to the act without knowledge of the riskd)Knowledge of the risk and voluntary agreement to suffer harmCorrect answer is option 'D'. Can you explain this answer?
1 answers
|
Passage - 1The law of torts has been evolving throughout its existence. There are certain principles which are used to counter claims for compensation. These counterclaims or defences are used to evict those citizens from tortious liability who have been unfairly been implicated with wrong claims imposed on them. These defences have been formulated from time to time to keep up with the basis of imposition of tortious liability on a person.INEVITABLE ACCIDENTInevitable Accidents are, as evident from the name, events which could not have been prevented by the parties through the exercise of ordinary care, caution, and skill. An inevitable accident is one which could not be possibly prevented by the exercise of ordinary care, caution and skill and hence it does not apply to anything which either of the parties might have avoided. Sir Frederick Pollock defined an inevitable accident as an accident which is not avoidable by any precautions, a reasonable man could have expected to take.In the past cases, the defence of inevitable accident used to be very relevant in actions for trespass when the older rule was that even an innocent trespass was actionable unless the defendant could prove that the accident was caused due to it being inevitable in nature. The term "inevitable accident" is used in instances where the accidents occur by chance and in the absence of human error. Both of these are similar in terms of negligence, if it is proved by the plaintiff that there was negligence on the part of the defendant then the defendant will not be able to escape liability by using these defenses. The plea of an inevitable accident has lost its practicality in todays day and age, as it has lost its utility since the principle of absolute liability, applies even in the absence of defendants negligence and with the growth in the dimension of science the number of accidents which were considered to be inevitable is fastly diminishing.To sum it all up, an inevitable accident is an event which happens not only without the concurrence of the will of a man but in spite of all the efforts that a man may put on his part to prevent it from happening i.e. an accident which is physically unavoidable and cant be prevented by human skill or foresight.Q.X was carrying on the business of production of narcotic and psychotropic substances for which one needed to obtain a permit license from Central Bureau of Narcotics. X had applied for the license to run such a business which was awaited. The process involved use of large boilers to heat water. The boilers were imported from abroad and were best available anywhere in the world. X ensured that the boilers were used according to the instructions of the manufacturers. Due to some latent fault in manufacturing, one of the boilers burst, causing injuries to several workers. On being charged, X pleaded the defence of "accident". Decide.a)X can plead the defence of accident as the accident was caused by a latent manufacturing defect.b)X cannot plead the defence of accident as he was involved in an unlawful act.c)X can plead the defence of accident as he took necessary precaution and care while operating the boilers.d)X cannot plead the defence of accident as he must have had knowledge that the operation was inherently dangerous.Correct answer is option 'B'. Can you explain this answer?
1 answers
|
NDA (National Defence Academy) Mock Test Series
1 Docs | 91 Tests
|
CDS ( Combined Defence Services ) Mock Test Series
23 Docs | 33 Tests
|
CDS (Combined Defence Services) Previous Years Papers
32 Docs | 18 Tests
|
NDA (National Defence Academy) Past Year Papers
2 Docs | 24 Tests
|
Current Affairs & General Knowledge
293 Docs | 128 Videos | 30 Tests
|
English Language for CDS
29 Docs | 70 Videos | 49 Tests
|
General Awareness for CDS
297 Docs | 231 Videos | 17 Tests
|
Elementary Mathematics for CDS
90 Docs | 164 Videos | 119 Tests
|
Mathematics for NDA
243 Docs | 249 Videos | 240 Tests
|
General Knowledge for NDA
297 Docs | 231 Videos | 70 Tests
|
General English For NDA
30 Docs | 77 Videos | 52 Tests
|
Preparation Tips for SSB Interview
112 Docs | 113 Videos | 65 Tests
|
NDA ( राष्ट्रीय रक्षा अकादमी) Mock Tests in Hindi
9 Tests
|
Numerical Ability for AFCAT
80 Docs | 167 Videos | 104 Tests
|
English Language for AFCAT
62 Docs | 94 Videos | 134 Tests
|
Reasoning and Military Aptitude Test for AFCAT
6 Docs | 6 Videos | 14 Tests
|
CISF Constable Mock Test Series
10 Tests
|
IAF AFCAT Mock Test Series and EKT for ( ME, EEE, CSE )
30 Tests
|
IAF AFCAT Past Year Papers
6 Docs | 16 Tests
|
दिल्ली पुलिस कांस्टेबल भरती Mock Tests
10 Tests
|
Mathematics for Airmen Group X
195 Docs | 131 Videos | 197 Tests
|
Physics for Airmen Group X
422 Docs | 199 Videos | 281 Tests
|
English for Group X & Y
44 Docs | 84 Videos | 78 Tests
|
General Awareness for Airmen Group Y
297 Docs | 231 Videos | 17 Tests
|
Reasoning for Airmen Group Y
42 Docs | 83 Videos | 92 Tests
|
Haryana Staff Selection Commission (HSSC) Mock Tests
37 Tests
|
Crash Course for CDS
603 Videos
|
Mock Test Series for Air Force Group Y
10 Tests
|
Mock Test Series for Indian Army Agniveer
10 Tests
|
Mock Test Series for Indian Air Force Agniveer Vayu Group Y
10 Tests
|
Mock Test Series for Indian Air Force Agniveer Vayu Group X
3 Docs | 30 Tests
|
Mock Test Series for Indian Navy Agniveer
10 Tests
|
Mock Test Series for Indian Navy Tradesman Mate
10 Tests
|
Mock Test Series for CISF Head Constable
10 Tests
|
Crash Course for NDA
477 Videos
|
Mock Test Series for BSF Head Constable
10 Tests
|
Crash Course for AFCAT
613 Videos
|
Mock Test Series for UPSC CAPF
10 Tests
|
Mock Test Series for Indian Navy MR
10 Tests
|
Mock Test Series for Air Force Group X
10 Tests
|
Crash Course for Airforce X Y / Indian Navy SSR
345 Videos
|
Mock Test Series for Indian Navy SSR
10 Tests
|
Mock Test Series for CRPF Head Constable
10 Tests
|
Science & Technology for UPSC CSE
449 Docs | 165 Videos | 327 Tests
|
EVS for Class 4
228 Docs | 51 Videos | 54 Tests
|
General Awareness for SSC CGL
496 Docs | 461 Videos | 437 Tests
|
Science & Technology for State PSC Exams
305 Docs | 85 Videos | 221 Tests
|
Lucent for GK
779 Docs | 654 Videos | 466 Tests
|
Lucent for GK
768 Docs | 434 Videos | 457 Tests
|
Lucent for GK
768 Docs | 434 Videos | 457 Tests
|
Philip Sidney : Defence Of Poetry
837 views
|
Defence Officer Wahida - Summary : 1
640 views
|
Defence Technology in India
496 views
|
Defence Officer Wahida - Summary : 2
474 views
|
Defence Officer Wahida - Explanation : (Hindi)
297 views
|
Pulmonary Host Defence
183 views
|
January 2017 -Defence News
170 views
|
March 2017 -Defence News
166 views
|
October 2017 -Defence News
163 views
|
September 2017 -Defence News
161 views
|
April 2017 -Defence News
160 views
|
August 2017 -Defence News
158 views
|
February 2017 -Defence News
158 views
|
May 2017 -Defence News
157 views
|
June 2017 -Defence News
156 views
|
July 2017 -Defence News
152 views
|
Perspective: Aatmanirbhar in Defence
144 views
|
Science & Technology: Defence Technology
138 views
|
Defence Technology
105 views
|
Worksheet: Defence Officer Wahida - 1
100 views
|
April 2018 - Defence News
95 views
|
Chapter Notes - Defence Officer Wahida
74 views
|
January 2018 - Defence News
52 views
|
Make in India in Defence
48 views
|
Defence Technology
41 views
|
November 2017 - Defence News
36 views
|
Defence Exercises
31 views
|
December 2017 - Defence News
30 views
|
Defence: Ships & Aircrafts
27 views
|
Defence Exercises
26 views
|
India: From a Defence Importer to a Defence Exporter
21 views
|
Defence office - wehida
18 views
|
Defence Technology (Last Part)
18 views
|
Defence Diplomacy
16 views
|
February 2018 - Defence News
14 views
|
Indigenisation of Indian Defence Sector
7 views
|
Anti Ballistic Missile Defence System
5 views
|
Defence Research and Development Organisation
5 views
|
Human Defence Systems
4 views
|
Defence Training Institutions
4 views
|
Defence Institutes in India
4 views
|
AATMANIRBHAR in Defence
4 views
|
SUBS : Powering India’s Defence
4 views
|
Defence Current Affairs 2023 | Military Exercise 2023 | Defence Current Affairs | Education Circuit
3 views
|
India’s Defence Prowess
2 views
|
Plant Defence Responses
2 views
|
Defence of India
2 views
|
Defence of India
2 views
|
Indigenisation of Indian Defence Sector
2 views
|
Defence Officer: Wahida
1 views
|
Defence Officer: Wahida
1 views
|
March 2018 - Defence News
1 views
|
Important Defence Current Affairs 2023 | Military Exercise 2023 | #defence | Education Circuit
1 views
|
Video: Human Defence Systems
1 views
|
India’s Defence Exports- Challenges & Opportunities
1 views
|
Atmanirbhar in Defence: Part III
1 views
|
The Defenders- Drones In Defence Sector
1 views
|
General Defences
3021 views
|
Defense mechanisms
2 views
|
Defense Technology - 3
1 views
|
Test: Defence Technology - 7
10 Questions | 10 min
Attempt
|
Test: Defence Technology - 5
10 Questions | 10 min
Attempt
|
Test: Defence Technology - 10
10 Questions | 10 min
Attempt
|
Test: Defence Technology - 6
10 Questions | 10 min
Attempt
|
Test: Defence Technology - 9
10 Questions | 10 min
Attempt
|
Test: Defence Technology - 3
10 Questions | 10 min
Attempt
|
Test: Defence Technology - 1
10 Questions | 10 min
Attempt
|
Test: Defence of India
20 Questions | 25 min
Attempt
|
Test: Defence Officer Wahida - 2
10 Questions | 10 min
Attempt
|
Test: Defence Institutes in India
20 Questions | 25 min
Attempt
|
Test: Defence Technology - 8
10 Questions | 10 min
Attempt
|
Test: Defence Technology - 2
10 Questions | 10 min
Attempt
|
Test: Defence Technology - 4
10 Questions | 10 min
Attempt
|
Test: Defence Technology - 11
10 Questions | 10 min
Attempt
|
Test: Defence Training Institutions
20 Questions | 25 min
Attempt
|
Test: Defence of India
20 Questions | 20 min
Attempt
|
Test: Defence Officer Wahida - 1
10 Questions | 10 min
Attempt
|
Full Test 5 - EKT CSE
50 Questions | 45 min
Attempt
|
General Awareness Test-11
20 Questions | 24 min
Attempt
|
General Awareness Test-20
20 Questions | 24 min
Attempt
|
General Awareness Test-16
20 Questions | 24 min
Attempt
|
Test: AFCAT Past Year Papers 2/2012
100 Questions | 120 min
Attempt
|
Test: AFCAT Past Year Papers 1/2014
100 Questions | 120 min
Attempt
|
Test: AFCAT Past Year Papers 1/2016
100 Questions | 120 min
Attempt
|
Full Test 3 - EKT CSE
50 Questions | 45 min
Attempt
|
Test : General Science - 6
20 Questions | 25 min
Attempt
|
Test : English - 7
20 Questions | 24 min
Attempt
|
AFCAT Mock Test - 6
100 Questions | 120 min
Attempt
|
AFCAT Mock Test - 8
100 Questions | 120 min
Attempt
|
Polity-Civics Test-5
20 Questions | 25 min
Attempt
|
AFCAT Mock Test - 10
100 Questions | 120 min
Attempt
|
Geography Test-9
20 Questions | 25 min
Attempt
|
Test : Biology - 5
15 Questions | 25 min
Attempt
|
Test : Physics - 6
20 Questions | 25 min
Attempt
|
History Test-4
20 Questions | 25 min
Attempt
|
Geography Test-7
20 Questions | 25 min
Attempt
|
Geography Test-8
20 Questions | 25 min
Attempt
|
NDA I - English & General Ability 2019
150 Questions | 150 min
Attempt
|
Full Test 4 - EKT Mechanical
50 Questions | 45 min
Attempt
|
Geography Test-1
20 Questions | 25 min
Attempt
|
NDA I - English & General Ability 2014
150 Questions | 150 min
Attempt
|
Test : English - 2
20 Questions | 24 min
Attempt
|
Test : General Science - 2
20 Questions | 25 min
Attempt
|
दिल्ली पुलिस मॉक टेस्ट - 1
100 Questions | 90 min
Attempt
|
English Mock Test - 2
120 Questions | 120 min
Attempt
|
Test: AFCAT Past Year Papers 1/2019
100 Questions | 120 min
Attempt
|
NDA I - Mathematics Question Paper 2016
120 Questions | 150 min
Attempt
|
दिल्ली पुलिस मॉक टेस्ट - 7
100 Questions | 90 min
Attempt
|
Test : English - 3
20 Questions | 24 min
Attempt
|
Test : Biology - 1
20 Questions | 25 min
Attempt
|
Defence | Crash Course for AFCAT
6 Videos
|
Defence Technology | Science & Technology for UPSC CSE
19 Docs | 15 Videos | 11 Tests
|
Defence Programme | Science & Technology for State PSC Exams
4 Docs | 3 Videos
|
Defence Training Institutions | Lucent for GK
1 Docs | 1 Tests
|
Defence of India | Lucent for GK
1 Docs | 1 Tests
|
Defence of India | Lucent for GK
1 Docs | 1 Videos | 1 Tests
|
Defence of India | Lucent for GK
1 Docs | 1 Tests
|
Defence Training Institutions | Lucent for GK
1 Docs | 1 Tests
|
Defence of India | General Awareness for SSC CGL
1 Docs | 1 Videos | 1 Tests
|
Defence of India | Lucent for GK
1 Docs | 1 Tests
|
Defence Training Institutions | Lucent for GK
1 Docs | 1 Tests
|
Defence Training Institutions | Lucent for GK
1 Docs | 1 Videos | 1 Tests
|
Defence Institutes in India | Lucent for GK
1 Docs | 1 Tests
|
Defence Officer Wahida | EVS for Class 4
7 Docs | 2 Videos | 2 Tests
|
Defence Institutes in India | Lucent for GK
1 Docs | 1 Tests
|
Disease and Body Defence | Crash Course for BMAT
3 Videos
|
Defence Institutes in India | Lucent for GK
1 Docs | 1 Tests
|
Disease and Body Defence | Biology for BMAT (Section 2)
4 Videos
|
Defence Institutes in India | Lucent for GK
1 Docs | 1 Videos | 1 Tests
|
CBSE Refernce Material | Political Science for Grade 11
5 Docs
|
![]() |
Defence Exams
Student of EduRev
|
![]() |
Defence D
Student of EduRev
|
![]() |
M.shivadharshini Defence
Student of EduRev
|
![]() |
Shri Defence
Student of EduRev
|
![]() |
Defence God
Student of EduRev
|
![]() |
Air Defence
Student of EduRev
|
![]() |
Sparking Defence Knowled
Student of EduRev
|
![]() |
Defence Aspirant
Student of EduRev
|
![]() |
Future Defence
Student of EduRev
|
![]() |
Prepare Defence
Student of EduRev
|
![]() |
Defence Defence
Student of EduRev
|
![]() |
Poornima Defence
Student of EduRev
|
![]() |
Defence Career
Student of EduRev
|
![]() |
Kargil Defence
Student of EduRev
|
![]() |
Defence Dreamers
Student of EduRev
|
![]() |
Defence Lover
Student of EduRev
|
![]() |
Nimbus Defence
Student of EduRev
|
![]() |
Defence Gyan
Student of EduRev
|
![]() |
Any Defence
Student of EduRev
|
![]() |
Defence Therapy
Student of EduRev
|
![]() |
Defence Shivam
Student of EduRev
|
![]() |
National Defence
Student of EduRev
|
![]() |
Defence Warriors
Student of EduRev
|
![]() |
Defence Study
Student of EduRev
|
![]() |
Dream Of Defence
Student of EduRev
|
![]() |
Ansar Defence Classes
Student of EduRev
|
![]() |
Army Defence Academy
Student of EduRev
|
![]() |
Defence Defence
Student of EduRev
|
![]() |
Defence News
Student of EduRev
|
![]() |
Defence Crack .
Student of EduRev
|
![]() |
Defence App
Student of EduRev
|
![]() |
Victory Defence
Student of EduRev
|
![]() |
Defence Aspirants
Student of EduRev
|
![]() |
Defence Prep
Student of EduRev
|
![]() |
Defence Exam
Student of EduRev
|
![]() |
Defence Warrior
Student of EduRev
|
![]() |
Defence Exam
Student of EduRev
|
![]() |
Pride Defence
Student of EduRev
|
![]() |
Superduper Defence
Student of EduRev
|
![]() |
Sniper Defence
Student of EduRev
|
![]() |
Defence Club
Student of EduRev
|
![]() |
Defence Gaming
Student of EduRev
|
![]() |
Defence Aspirant
Student of EduRev
|
![]() |
Mgr Defence
Student of EduRev
|
![]() |
Defence Network
Student of EduRev
|
![]() |
S2s Defence
Student of EduRev
|
![]() |
Defence Lover
Student of EduRev
|
![]() |
Defence 123
Student of EduRev
|
![]() |
Kariappa Defence
Student of EduRev
|
![]() |
Defence Arena
Student of EduRev
|
PRINCIPLE: When an act, which would otherwise be an 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, every person has the same right of private defence against that act, which he would have if the act were that offence. Nothing is an offence which is done in the exercise of the right of private defence.FACTS: A, under the influence of madness, attempts to kill B. B in order to save his life cause grievous hurt to A.a)A has committed an offenceb)A has not committed an offencec)B has committed an offenced)B has not committed any offenceCorrect answer is option 'D'. Can you explain this answer?
7 answers
|
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 Prakhas younger brother, under the influence of madness, attempts to kill Sachan, who is Prakhas boyfriend. Prakha, not knowing how to react, and seeing Sachan helpless and on the verge of being murdered, hits on Prateeks 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?
3 answers
|
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?a)No, a diamond necklace and the right to life cannot be compared.b)Yes, a diamond necklace has greater value than a simple thiefs life.c)No, using deadly force against a thief is not a legitimate use of ones right to self-defense.d)Yes, because it is legal to kill someone in order to protect property.Correct answer is option 'D'. Can you explain this answer?
1 answers
|
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.a)Zaid does not violate the law by harming Anju while harboring this notion.b)Anju is entitled to the same private defense against Zaid that she would have if Zaid had not acted in error.c)All of 1 and 2d)None of the aboveCorrect answer is option 'C'. Can you explain this answer?
1 answers
|
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?a)No, as he was unsound and a child, it is not a criminal act and no private defence applies.b)Yes, the private defence is valid against an unsound person.c)Yes, the man can defend himself just because of childs unsoundness even if the child didnt assault him.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer?
1 answers
|
Needed a Document for general defence of tort for clat? Related: General Defences - Law of Tort?
1 answers
|
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?a)No, as it was not a sudden or an immediate threat.b)Yes, he had apprehension of death and he had the right to private defence.c)No, he cannot claim private defence as he used excessive force.d)Yes, he saw Ram coming to attack him and rightly protected himself.Correct answer is option 'A'. Can you explain this answer?
1 answers
|
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.a)No, as the robber had not committed robbery yet.b)Yes, Karun felt a threat to his property and was hence justified in his acts.c)Yes, as the robber broke into the house at night.d)No, Karun reacted with an offensive measure when the defence wasnt necessary.Correct answer is option 'C'. Can you explain this answer?
1 answers
|
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?
a)There are no restrictions on the right of private defence.
b)The right of private defence cannot be exercised in cases where there is time to seek help from the public authorities.
c)The right of private defence can be exercised against any act falling under the definition of theft, robbery, mischief or criminal trespass.
d)The right of private defence can only be exercised against offences affecting the human body.
Correct answer is option 'B'. Can you explain this answer?
1 answers
|
define the non specific lines of defence in the body
1 answers
|
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?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.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 thathe 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?
1 answers
|
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?a)Yes, as he was carrying a weapon.b)Yes, it was an immediate and necessary action required because he came ferociously to save his friend.c)No, he had merely brought a weapon but never tried to use it.d)No, a hockey stick is not dangerous enough.Correct answer is option 'C'. Can you explain this answer?
1 answers
|
Principle: If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender is so situated that he cannot effectually exercise that right without risk of harm of an innocent person; his right of private defence extends to the running of that risk.Facts: A is attacked by a mob who attempts to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob.a)A commits no offence if by so firing he harms any of the children.b)A commits an offence of murderc)Firing in the public place is an offence, so he is liabled)None of the aboveCorrect answer is option 'A'. Can you explain this answer?
1 answers
|
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?
1 answers
|
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 Prakhas younger brother, under the influence of madness, attempts to kill Sachan, who is Prakhas boyfriend. Prakha, not knowing how to react, and seeing Sachan helpless and on the verge of being murdered, hits on Prateeks 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?
1 answers
|
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.Arun issued a threat to Banke over the phone, indicating his intention to arrive in the evening with a pistol to harm him. In response, Banke armed himself with a homemade pistol and awaited Aruns arrival. Approximately 8 hours later, Banke observed Arun approaching his residence while holding a firearm. In response to this imminent threat, Banke fired a shot, resulting in Aruns immediate death. Evaluate the applicability of the right to private defence in this scenario.a)Yes, this is a clear instance of the right to private defence.b)Banke used lethal force only upon encountering Arun with a firearm, making it a case of private defence.c)There is no entitlement to the right of private defence because Banke had ample time to seek police assistance for protection.d)Both options 1 and 2Correct answer is option 'C'. Can you explain this answer?
1 answers
|
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?a)Nothing wrong has been done by Bhanu.b)A wrongdoing has been done by Bhanu.c)The crime of trying to murder was committed by Amit.d)None of the aboveCorrect answer is option 'A'. Can you explain this answer?
1 answers
|
DIRECTIONS for the question:Mark the best option:Principles:"Arms" refers to any article, of any description, designed or adapted as weapons of offence or defense, but does not include articles designed solely for domestic or agricultural uses.Facts:Ravi possesses an iron rod which he keeps on his person for defence. A blow from the rod may prove to be fatal.Q. Is the article in possession a weapon?a)Yesb)Noc)Yes, because it is a weapon of defensed)Yes, because it is a weapon of offence or defence, and because it is not an article used domestically or in agricultureCorrect answer is option 'D'. Can you explain this answer?
1 answers
|
The law of torts has been evolving throughout its existence. There are certain principles which are used to counter claims for compensation. These counterclaims or defences are used to evict those citizens from tortious liability who have been unfairly been implicated with wrong claims imposed on them. These defences have been formulated from time to time to keep up with the basis of imposition of tortious liability on a person.INEVITABLE ACCIDENTInevitable Accidents are, as evident from the name, events which could not have been prevented by the parties through the exercise of ordinary care, caution, and skill.An inevitable accident is one which could not be possibly prevented by the exercise of ordinary care, caution and skill and hence it does not apply to anything which either of the parties might have avoided. Sir Frederick Pollock defined an inevitable accident as an accident which is not avoidable by any precautions, a reasonable man could have expected to take.In the past cases, the defence of inevitable accident used to be very relevant in actions for trespass when the older rule was that even an innocent trespass was actionable unless the defendant could prove that the accident was caused due to it being inevitable in nature.The term "inevitable accident" is used in instances where the accidents occur by chance and in the absence of human error. Both of these are similar in terms of negligence, if it is proved by the plaintiff that there was negligence on the part of the defendant then the defendant will not be able to escape liability by using these defenses.To sum it all up, an inevitable accident is an event which happens not only without the concurrence of the will of a man but in spite of all the efforts that a man may put on his part to prevent it from happening i.e. an accident which is physically unavoidable and can't be prevented by human skill or foresight.Q. X was carrying on the business of production of narcotic and psychotropic substances for which one needed to obtain a permit license from Central Bureau of Narcotics. X had applied for the license to run such a business which was awaited. The process involved use of large boilers to heat water. The boilers were imported from abroad and were best available anywhere in the world. X ensured that the boilers were used according to the instructions of the manufacturers. Due to some latent fault in manufacturing, one of the boilers burst, causing injuries to several workers. On being charged, X pleaded the defence of "accident". Decide.a)X can plead the defence of accident as the accident was caused by a latent manufacturing defect.b)X cannot plead the defence of accident as he was involved in an unlawful act.c)X can plead the defence of accident as he took necessary precaution and care while operating the boilers.d)X cannot plead the defence of accident as he must have had knowledge that the operation was inherently dangerous.Correct answer is option 'B'. Can you explain this answer?
1 answers
|
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?
1 answers
|
PRINCIPLE: When an act, which would otherwise be an 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, every person has the same right of private defence against that act, which he would have if the act were that offence. Nothing is an offence which is done in the exercise of the right of private defence.FACTS: A, under the influence of madness, attempts to kill B. B in order to save his life cause grievous hurt to A.a)A has committed an offenceb)A has not committed an offencec)B has committed an offenced)B has not committed any offenceCorrect answer is option 'D'. Can you explain this answer?
1 answers
|
Principle : When an act, which would otherwise be an 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, every person has the same right of private defence against that act, which he would have if the act were that offence. Nothing is an offence which is done in the exercise of the right of private defence.Facts : A, under the influence of madness, attempts to kill B. B in order to save his life causes grievous hurt to A.a)A has committed an offenceb)A has not committed an offencec)B has committed an offenced)B has not committed any offenceCorrect answer is option 'D'. Can you explain this answer?
1 answers
|
What is the main purpose of India's Defence Offset Policy?a)To encourage defense imports and reduce domestic manufacturing.b)To stipulate a mandatory offset requirement of 50% for defense contracts.c)To provide fiscal incentives to foreign defense OEMs.d)To promote technology transfer and investment in India's defense industry.Correct answer is option 'D'. Can you explain this answer?
1 answers
|
Directions: Read the following passage and answer the question.In the law of torts, one defence available to a defendant is the defence of volenti non-fit injuria in which the plaintiff is not entitled to damages because he consents to the act which has caused injury to him.In torts, there is a duty on every person to do acts with reasonable care in order to avoid any harm which may occur due to their failure of taking such care. This is general, but there are certain exceptions which are allowed in these cases called defences to tort. Under these defences, a defendant can escape liability, and volenti non-fit injuria is also one such defence which is available for the defendant.For the application of this defence, there are some essential elements or conditions which must be fulfilled to prevent liability. The plaintiff has the knowledge of the risk and that the plaintiff with this knowledge has voluntarily agreed to suffer the harm.Thus, whenever the plaintiff is aware of the possibility of harm which is likely to be caused by an act and when he still accepts to do that act and therefore agrees to suffer the injury, a defendant is relieved of his liability.But only having knowledge about the risk is not enough for the application of this defence, it is known as scienti non fit injuria, which means that mere knowledge does not mean consent to the risk. Thus, having knowledge is only a partial fulfillment of the conditions for the application of volenti non fit injuria.In the cases where the defendant is taking the defence, the burden of proof is on him to show that the plaintiff had full knowledge of the act and consented to the risk involved in the act and the defendant has to show that the plaintiff was also aware of the extent of risk which was involved in the act. For such a defence, the consent of the defendant is not required to be expressly given and even by his conduct, his consent can be taken. When a plaintiff gives his consent for an act, such consent should be free from any coercion, fraud or any other such means by which the free consent can be affected. In case the consent of a person is not free, the defendant cannot claim this defence to escape liability and he will be held liable for damage caused.[Extracted, with edits and revisions, from volenti non fit injuria, blog by lawtimesjournal]Q.What is required for the application of the volenti non-fit injuria defense?a)Mere knowledge of the riskb)Complete ignorance of the riskc)Consent to the act without knowledge of the riskd)Knowledge of the risk and voluntary agreement to suffer harmCorrect answer is option 'D'. Can you explain this answer?
1 answers
|
Passage - 1The law of torts has been evolving throughout its existence. There are certain principles which are used to counter claims for compensation. These counterclaims or defences are used to evict those citizens from tortious liability who have been unfairly been implicated with wrong claims imposed on them. These defences have been formulated from time to time to keep up with the basis of imposition of tortious liability on a person.INEVITABLE ACCIDENTInevitable Accidents are, as evident from the name, events which could not have been prevented by the parties through the exercise of ordinary care, caution, and skill. An inevitable accident is one which could not be possibly prevented by the exercise of ordinary care, caution and skill and hence it does not apply to anything which either of the parties might have avoided. Sir Frederick Pollock defined an inevitable accident as an accident which is not avoidable by any precautions, a reasonable man could have expected to take.In the past cases, the defence of inevitable accident used to be very relevant in actions for trespass when the older rule was that even an innocent trespass was actionable unless the defendant could prove that the accident was caused due to it being inevitable in nature. The term "inevitable accident" is used in instances where the accidents occur by chance and in the absence of human error. Both of these are similar in terms of negligence, if it is proved by the plaintiff that there was negligence on the part of the defendant then the defendant will not be able to escape liability by using these defenses. The plea of an inevitable accident has lost its practicality in todays day and age, as it has lost its utility since the principle of absolute liability, applies even in the absence of defendants negligence and with the growth in the dimension of science the number of accidents which were considered to be inevitable is fastly diminishing.To sum it all up, an inevitable accident is an event which happens not only without the concurrence of the will of a man but in spite of all the efforts that a man may put on his part to prevent it from happening i.e. an accident which is physically unavoidable and cant be prevented by human skill or foresight.Q.X was carrying on the business of production of narcotic and psychotropic substances for which one needed to obtain a permit license from Central Bureau of Narcotics. X had applied for the license to run such a business which was awaited. The process involved use of large boilers to heat water. The boilers were imported from abroad and were best available anywhere in the world. X ensured that the boilers were used according to the instructions of the manufacturers. Due to some latent fault in manufacturing, one of the boilers burst, causing injuries to several workers. On being charged, X pleaded the defence of "accident". Decide.a)X can plead the defence of accident as the accident was caused by a latent manufacturing defect.b)X cannot plead the defence of accident as he was involved in an unlawful act.c)X can plead the defence of accident as he took necessary precaution and care while operating the boilers.d)X cannot plead the defence of accident as he must have had knowledge that the operation was inherently dangerous.Correct answer is option 'B'. Can you explain this answer?
1 answers
|