Question

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: Every person has a right to defend his own person, property or possession against an immediate harm and to that end, may use reasonable amount of force.
FACTUAL SITUATION: Mr. Gemini was passing by Mrs Vadehera's house. At that time, Mrs. Vadhera's dog can ran out and bit Mr. Gemini, overcoat. Mr. Gemini turned around and shot at the dog which was far away from Mr. Gemini. Mr. Gemini shot the dog dead as he believed that the dog had bitten other persons in the locality. Mrs. Vadhera field a suit for damages as her dog was of a rare breed and worth Rs. 5000.
DECISION will be _____.

• A. Mrs. Vadhera will succeed because Mr. Gemini killed the dog as his right of private defence has elapsed
• B. Mrs. Vadhera will not succeed because Mr. Gemiini is justified in shooting the dog
• C. Mrs. Vadhera will not succeed because Mr. Gemini took the action to protect him as well as many other members of public in future
• D. Mrs. Vadera will succeed because she lost her precious dog

Answer 1

The correct option is A Mrs. Vadhera will succeed because Mr. Gemini killed the dog as his right of private defence has elapsed

The principle of private defence is incorporated under section 96-106 of IPC. Mr.Gemini would have the right to defend himself or his property when it was under an immediate harm. Provided that the use of force must be reasonable.

Since, Mrs. Vadehera's dog was far away from Mr. Gemini when he hit Mrs. Vadhera's dog. Therefore, Mr. Gemini did not had the right of private defence against the dog. and the force used by him is obviously unreasonable and excess.