Give correct response A is attacked by a mob who attempt to murder him He cannot effectually ex...........

Indian Penal Code (IPC) 1860 General Exceptions

Give correct response. A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob and he cannot fire without risk of harming children who are mingled with the mob. One of the children is killed by such firing. In this case:

A is liable for committing only culpable homicide not amounting to murder because he did not intend to cause death but death was caused in doing an act in the exercise of his right of private defence and this right was exceeded.

A is liable for committing murder because he knew that his act was dangerous and some one was very likely to be killed.

A is not liable for murder because the law relating to the right of private defence of body permits causing of any harm in the exercise of right of private defence provided that the apprehension was either of death or of grievous hurt.

A commits no offence because section 106 of the Penal Code permits taking of risk of causing any harm to innocent persons, by doing an act in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death.

छोटे Courses बड़े Results

Master General Exceptions

Prepare through Micro-courses