Question

The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

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.

पर्याय

• A has committed an offense

• A has not committed an offense

• B has committed an offense

• B has not committed any offense

Answer 1

B has not committed any offense

Explanation:

The guiding principle gives the right of private defense to everyone by saying "Nothing is an offense which is done in the Exercise of the right of private defender.  In the present case "B" in order to save his life caused harm to "A" he had no intention or plan to hurt him but in the process of saving himself he caused him grievous harm, thus according to Section 98 of IPC  1860 B has not committed any offense.