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Principle: Nothing is an offence which is done in the exercise of the right of private defence. Nothing is an offence which is done in madness.
Facts:A, under the influence of madness, attempts to kill B. B to save his life kills A.
A has committed the offence of attempt to murder.
A has committed an offence of being mad
B has committed an offence
B has not committed an offence.
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. B has not committed an offence.
By: SANAT DATT BHARDWAJ ProfileResourcesReport error
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