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 of self-defence if his life is under imminent threat.
FACTUAL SITUATION: Mr. Prasanth threatens Mr. Krishna that he will kill Mr. Krishna and saying so he goes to his house saying that he would get his axe.

• A. Mr. Krishna will have to run away
• B. Mr. Krishna will have to go to the police station and file a complaint
• C. Mr. Krishna can exercise the right of self-defence
• D. Mr. Krishna cannot exercise the right of self-defence

Answer 1

Answer: (D)

Mr. Krishna cannot exercise the right of self-defence

Section 96 of the Indian Penal Code, 1860 states that no act that is carried out in self defence is an offence. But Section 102 of the Code states that right to self defence commences only when a reasonable apprehension of danger to the body or property arises and continues till the apprehension continues. But the apprehension should not be fanciful and must be present and imminent. Thus, Mr Krishna can exercise right to self defence once Mr. Prasanth arrives with the axe and not before that.