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Question
PRINCIPLE: When an act, which would otherwise be an offence, is not that offence by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, every person has the same right of private defence against that act which he would have if the act were that offence. Nothing is an offence which is done in the exercise of the right of private defence.
FACTS: A, under the influence of madness, attempts to kill B. B in order to save his life causes grievous hurt to A.
PRINCIPLE: When an act, which would otherwise be an offence, is not that offence by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, every person has the same right of private defence against that act which he would have if the act were that offence. Nothing is an offence which is done in the exercise of the right of private defence.
FACTS: A, under the influence of madness, attempts to kill B. B in order to save his life causes grievous hurt to A.
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Solution
The correct option is B B has not committed any offence
The principle is enshrined in Section 96-106 of IPC under the head of 'Right of Private Defence". B has not committed the offence of grievous hurt on A since B in order save his life from A, has exercised his right of private defence. And nothing is an offence which is done in the exercise of his right of private defence. Therefore, B will not be liable of any offence.
The principle is enshrined in Section 96-106 of IPC under the head of 'Right of Private Defence".
B has not committed the offence of grievous hurt on A since B in order save his life from A, has exercised his right of private defence. And nothing is an offence which is done in the exercise of his right of private defence. Therefore, B will not be liable of any offence.
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