Question

Legal principles:

1. Everyone has a right to defend their life and property against criminal harm provided it is not possible to approach public authorities and more harm than is necessary has been caused to avert the danger.
2 Nothing is an offence which is done in the exercise of the right of private defence.

Factual situation: The accused found the deceased engaged in sexual, intercourse with his 15-year-old daughter. The accused assaulted the deceased on the head with a spade which resulted in his death. Accused claimed private defence and the prosecution claimed that the sexual intercourse was with the consent of the daughter. Here, decision:

पर्याय

• Accused is entitled to the right of private defense since the girl was only 15 years old.

• Accused exceeded the right of private defense.

• Accused is not entitled to private defense as the intercourse was consensual.

• Accused is not entitled to private defense as the right of private defense is available for defending one’s life and property only.

Answer 1

Accused is entitled to the right of private defense since the girl was only 15 years old.

Explanation:

Even though the sexual intercourse between the deceased and the girl is consensual but the age of the girl is  15, it means she is minor and consent of her parent or guardian is required. Here, a private defense can be taken on her behalf to protect/ defend her from any wrong which is against her body. Therefore, the accused  can take a plea of private defense to protect her daughter.