Given below are a legal principle and a factual situation. Apply the given legal principle to the factual situation and select the most appropriate answer to the question given below:

Legal Principle: Nothing is an offence which is done in the exercise of the right of private defence. This right also extends to lawfully causing the death of the assailant, if the offence which occasions the exercise of the right of private defence, be ;
(i) an assault which reasonably causes the apprehension of death or grievous hurt (very serious hurt).
(ii) an assault which reasonably causes the apprehension of rape.
(iii) an assault which reasonably causes the apprehension of kidnapping.
The right is available for protecting one's own body as well as the body of any other, provided the assault is not self-invited.
Decide whether the right of private defense is available in the following situation.

Factual Situation: A was holding the birthday party of his daughter. Some of his friends decided to present her with a car. To create an element of surprise, they decided to kidnap her for a few minutes while the party was in full swing and then get her back in the new car. They put the plan into action. While they were kidnapping, A got very alarmed and asked the guards to open fire. The guards killed all the five friends. A is _________________.

not protected

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protected because he did not kill, the guards did

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not protected because A's own body was not involved

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protected because to any ordinary person there would have appeared a reasonable apprehension of kidnapping

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Solution

The correct option is D protected because to any ordinary person there would have appeared a reasonable apprehension of kidnapping
Section 96 to 106 of IPC , tells about the provisions of self defence. He can be protected as the cause of apprehension of kidnapping. The privilege of self defence is the privilege to shield the individual or property of himself or of some other individual against an action of another. This privilege, therefore, makes an exemption to criminal liability.
Hence, D is the correct option.

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Similar questions

Q. Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: Duty to protect its citizens and right to punish the offender's vests with the 'State' at all times. However, rights to defend one's body or property in certain circumstances can be restored to by an individual where 'State' protection is not readily available. That is why it is provided in the Indian Penal Code, 1860 that nothing is an offence, which is done in the exercise of the right of private defence. Every exercise has a right to defend his property against any act of theft, robbery, mischief or criminal trespass where there is no time to have recourse to the protection of the public authority. This right to private defence of property extends to causing of death of the wrong-doer, if the person exercising the right apprehends that death or grievous hurt at the at the hands of the aggressor/ wrong-doer is inevitable while protecting his property against any such offence or attempt to commit such offence or attempt to commit such offence.
FACTUAL SITUATION: 'A' cattle was being regularly stolen and 'A' was unable to apprehend the thief. One night, 'A' finally manages to catch 'B' untying his cow from the cowshed under the cover of darkness. 'A' slowly walked up to 'B' and slashed his neck with a sickle leading to the death of 'B'. Is 'A' guilty of the offence of culpable homicide?

Q. Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: Nothing is an offence which is done in the exercise of right of private defence.
FACTUAL SITUATION: Niman and Nitin are students staying in a boy's Hostel. Monica is a beautiful girl staying in a Girl's Hostel. Naman and Nitin both fall in love with Monica. They both quarrel and then they start fighting over Monica.
One day, Naman accompanied with some friends and armed with iron rods, reaches Nitin's room and abuses him. On seeing many boys in an offensive mood, Nitin throws boiling tea over Naman's face, due to which his skin is badly burnt.
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Q. Given below are a legal principle and a factual situation. Apply the given legal principle to the factual situation and select the most appropriate answer to the question given below:

Principle: A pact, other than a pact to commit suicide, to suffer any harm is not an offence, provided the age of the person who has given his consent to suffer harm is above eighteen years.

Factual Situation: A enters into a pact with B, a boy of less than 18 years of age, to fight (boxing) with each other for amusement. They agreed to suffer any harm which, in the course of such fighting, may be caused without foul play.A hurts B without intention and while playing fairlly. What will be the consequences?

Q. 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.

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