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 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'.

Options

• 'Y' has the right of private defense against 'X'

• 'Y' does not have the right of private defense against 'X'

• 'Y' has the right of private defense against 'X', only if 'X' is not under the influence of madness

• 'X' has the right of private defense against ‘Y’

Answer 1

'Y' has the right of private defense against 'X'

Explanation:

According to the provisions given in Section 98 of the Indian Penal Code, in the given situation Y has the right of private defence against X, because every person has the same right of private defence against that act which he would have if the act were that offence.