Question

Mark the best option:
Fact: Ganesh had a ferocious dog as his pet. The dog used to terrorize people in the neighborhood by attacking the pet animals. One day the dog started attacking Bipasha’s cat on the road and followed the cat into Bipasha’s house and continued attacking her cat. Her cat was seriously wounded and was bleeding. Bipasha made several attempts to chase the dog away but it was of no use, so she got hold of a kitchen knife and inflicted a severe wound on the dog’s body. After this, the dog ran off. The dog subsequently died because of the wound. Ganesh sued Bipasha for damages saying that she should have called him for help.
Principle:

1. Every person has a right to defend his own person, property or possession against unlawful harm.
2. The person may use reasonable force in order to protect his person, property or possession
3. However, the force employed should be proportionate to the apprehended danger.

Options

• Bipasha will not be punished as there was danger to her property

• Bipasha will not be punished as the force used was proportionate to the danger her cat was facing

• Bipasha will be punished as she used excessive force

• Bipasha will be punished as she should have called for help

Answer 1

Bipasha will not be punished as the force used was proportionate to the danger her cat was facing

The force used here is proportionate to the force used by the dog on Bipasha's cat so she will not be held liable and has the right of private defence to defend her pet.