Principle When an act which would otherwise be a certain offence is not that offence By reason ...........

Indian Penal Code (IPC) 1860 Others

Principle: When an act which would otherwise be a certain 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. or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.

Facts: ‘X’ under the influence of madness, attempts to kill ‘Y’.

‘Y’ has the right of private defence against ‘X’

‘Y’ does not have the right of private defence against ‘X’

‘Y’ has the right of private defence against ‘X’ only if ‘X’ is not under the influence of madness

‘X’ has the right of private defence against ‘Y’

Explanation:

Since X was insane his actions would not amount to an offence,
still Y would get a chance to defend himself according to principle.
Hence, option 1 is the correct answer.