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: Self-defence is considered as a universal exception for the internationally causing harm.
FACTUAL SITUATION: The robbers, armed with knives and crowbars, broke the access door of a house and entered into it. The owner of the house took out his gun and threatened to shoot them. The robbers ran out the house and started pelting stones. The owner opened the fire. Having heard the gun shot, the police rushed to the place and announced that the owner must stop firing. The owner, suspecting mischief, continued to fired and a policeman was injured by a shot. The robbers meanwhile fled away. The owner was sued for attacking the public servant on duty.
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: Self-defence is considered as a universal exception for the internationally causing harm.
FACTUAL SITUATION: The robbers, armed with knives and crowbars, broke the access door of a house and entered into it. The owner of the house took out his gun and threatened to shoot them. The robbers ran out the house and started pelting stones. The owner opened the fire. Having heard the gun shot, the police rushed to the place and announced that the owner must stop firing. The owner, suspecting mischief, continued to fired and a policeman was injured by a shot. The robbers meanwhile fled away. The owner was sued for attacking the public servant on duty.
The correct option is C The owner shall be liable for causing harm, in excess of what is necessary for self-defence.
Section 96 of the Indian Penal Code, 1860 states that any act done in furtherance of self-defence is not an offence. But Section 102 states that right of self-defence commences when reasonable apprehension of harm to body or property arises and continues only till the threat persists. It does not extend beyond this limit. In the present instance, the apprehension of harm ended as soon as as the police arrived. Further, Section 99 further states that right of self-defence cannot be exercised against a public servant performing his duty in good faith under the colour of his office.
Section 96 of the Indian Penal Code, 1860 states that any act done in furtherance of self-defence is not an offence. But Section 102 states that right of self-defence commences when reasonable apprehension of harm to body or property arises and continues only till the threat persists. It does not extend beyond this limit. In the present instance, the apprehension of harm ended as soon as as the police arrived. Further, Section 99 further states that right of self-defence cannot be exercised against a public servant performing his duty in good faith under the colour of his office.
