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Question

PRINCIPLE: Nothing is an offence, which is done by a person who is bound by law to do it.
FACTS: 'A', a police officer, without warrant, apprehends 'Z', who has committed murder.

A
'A' is guilty of the offence of wrongful confinement.
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B
'A' is not guilty of the offence of wrongful confinement.
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C
'A' many be guilty of the offence of wrongful restraint.
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D
'A 'cannot apprehend Z without a warrant issued by a court of law.
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Solution

The correct option is A 'A' is not guilty of the offence of wrongful confinement.

The Principle says that nothing is an offence done by a person who is bound by law to do it. There are two kinds of offenses- cognizable and non cognizable offences. Police officers need to have an arrest warrant before arresting any alleged person in any offence but for the offences falling in the former, there is no need of an arrest warrant. Section 154 of Criminal procedure code gives power to the police officer to arrest anyone alleged to commit a cognizable offence without warrant after registering FIR( First Information Report). Murder’ as defined under Section 302 of IPC is a cognizable offence. Therefore, ‘A’ was authorized and bound by law to arrest or apprehend Z who has committed offence of murder which is a cognizable offence.


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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?
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