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.
DECIDE.
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.
DECIDE.
The correct option is A Nitin has not committed any offence but has defended himself.
No person in the name
of private defence is allowed to use more force than is
required. According to the principle of private defence one is allowed to
use reasonable force to save his life and property . This principle is incorporated under section 96-106 of IPC.
Nitin on apprehension that Naman with his friends will hurt him, throws boiling tea over Naman, it was an act done in private defence. Since Nitin was apprehended by immediate harm from Naman and his friends.Therefore, Nitin has not committed any offence as he was defending himself.
No person in the name of private defence is allowed to use more force than is required. According to the principle of private defence one is allowed to use reasonable force to save his life and property . This principle is incorporated under section 96-106 of IPC.
Nitin on apprehension that Naman with his friends will hurt him, throws boiling tea over Naman, it was an act done in private defence. Since Nitin was apprehended by immediate harm from Naman and his friends.Therefore, Nitin has not committed any offence as he was defending himself.
