Question

Answer the question which follows from the application of the undermentioned legal principle:

LEGAL PRINCIPLE: Nothing is an offence which is done in the exercise of right of private defence. This right also extends to lawfully causing the death of the assailant, if the offence which occasions the exercise of the right of private defence, be

(i) An assault which reasonably causes the apprehension of death or grievous hurt (Very serious hurt)

(ii) An assault which causes reasonable apprehension of rape

(iii) An assault which causes reasonable apprehension of kidnapping This right is available for protecting one’s own body, as well as the body of any other, provided the assault is not self-invited.
Decide whether the right of private defence is available in the following situations.

FACTUAL SITUATION:

A was holding the birthday party of his daughter. Some of his friends decided to present her with a car. To create an element of surprises, they decided to kidnap her for a few minutes while the party was in full swing and then get her back in the new car. They put the plan into action. While they were kidnapping, A got very alarmed and asked the guards to open fire. The guards killed all the five friends. A is

Options

• Not protected

• Protected because he did not kill, the guards did

• Not protected because A’s own body was not involved

• Protected because to any ordinary person there would have appeared a reasonable apprehension of kidnapping.

Answer 1

Protected because to any ordinary person there would have appeared a reasonable apprehension of kidnapping.

Explanation:

IPC Section 96 to 106 of the penal code states the law relating to the right of private defence of person and property. The provisions contained in these sections give authority to a man to use necessary force against an assailant or wrong-doer for the purpose of protecting one's own body and property as also another's body and property when immediate aid from the state machinery is not readily available and in so doing he is not answerable in law for his deeds. Section 97 says that the right of private defence is of 2 types: (i) Right of private defence of body, (ii) Right of private defence of property.  
Body may be one's own body or the body of another person and likewise, property may be movable or immovable and may be of oneself or of any other person. Self-help is the first rule of criminal law. The right of private defence is absolutely necessary for the protection of one's life, liberty and property. It is a right inherent in a man. But the kind and amount of force are minutely regulated by law. The use of force to protect one's property and a person is called the right of private defence. As per IPC Section100 the right of private defence of the body extends to causing death when an assault with the intention of kidnapping or abducting is taking place.   
Therefore "Protected because to any ordinary person there would have appeared a reasonable apprehension of kidnapping." is correct which is substantiated by legal principle (iii).