Principle : There are legal provisions to give authority to a person to use necessary force against as assailant or wrong doer for the purpose of protecting one's own body and property when immediate aid from the state machinery is not readily available; and in so doing he is not answerable in law for his deeds.
Facts : X, a rich man was taking his morning walk. Due to the threat of robbers in the locality, he was carrying his pistol also. From the opposite direction, another person was coming with a ferocious looking dog. All of a sudden, the dog which was on a chain held by the owner, started barking at X. The owner of the dog called the dog to be calm.
They crossed each other without any problem. But suddenly, the dog started barking again from a distance. X immediately took out his pistol. By seeing his pistol the dog stopped barking and started walking with the owner. However X shot at the dog which died instantly. The owner of the dog files a complaint against X, which in due course reached the Magistrate Court. X plead the right of private defence.
Decide
Principle : There are legal provisions to give authority to a person to use necessary force against as assailant or wrong doer for the purpose of protecting one's own body and property when immediate aid from the state machinery is not readily available; and in so doing he is not answerable in law for his deeds.
Facts : X, a rich man was taking his morning walk. Due to the threat of robbers in the locality, he was carrying his pistol also. From the opposite direction, another person was coming with a ferocious looking dog. All of a sudden, the dog which was on a chain held by the owner, started barking at X. The owner of the dog called the dog to be calm.
They crossed each other without any problem. But suddenly, the dog started barking again from a distance. X immediately took out his pistol. By seeing his pistol the dog stopped barking and started walking with the owner. However X shot at the dog which died instantly. The owner of the dog files a complaint against X, which in due course reached the Magistrate Court. X plead the right of private defence.
Decide
The correct option is C There was no imminent danger to X as the dog stopped barking and was walking with the owner. Hence, shooting it amounted to excessive use of right of private defence and hence liable for killing the dog.
There was no imminent danger to X as the dog stopped barking and was walking with the owner. Hence, shooting it amounted to excessive use of the right to private defence and hence liable for killing the dog. The principle provides that a person can use force against an assailant or wrong doer in self-defence when imminent danger is present. The right to private defence can only be exercised when the circumstances justify and not otherwise.
In the given question, the dog stopped barking after which X used his gun to kill the dog. Therefore, the force used by X was excessive and unnecessary.
There was no imminent danger to X as the dog stopped barking and was walking with the owner. Hence, shooting it amounted to excessive use of the right to private defence and hence liable for killing the dog. The principle provides that a person can use force against an assailant or wrong doer in self-defence when imminent danger is present. The right to private defence can only be exercised when the circumstances justify and not otherwise.
In the given question, the dog stopped barking after which X used his gun to kill the dog. Therefore, the force used by X was excessive and unnecessary.
