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Principle: Nothing is an Offence If It is Done in Good Faith for the Purpose of Preventing Or Avoiding Greater Harm Or Damage to Person Or Property. - Mathematics

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Question

Principle: Nothing is an offence if it is done in good faith for the purpose of preventing or avoiding greater harm or damage to person or property.

Facts: A jumps into a swimming pool to save a boy from drowning. While pulling the boy from water A was hit by C. A left the boy in the water and attacked C. The boy died in the water.   

Options

  • A has not committed the offence of killing the boy.  

  • A has committed the offence of killing the boy. 

  • The boy has committed the offence of suicide.

  • The boy has committed the offence of drowning.  

MCQ

Solution

A has not committed the offense of killing the boy.  

Explanation:

A has not committed the offence of killing the boy. A  was trying to save the boy from drowning. A was acting in good faith for the purpose of preventing or avoiding greater harm to the boy who was drowning and left him only for self - defence when hit by C.

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Indian Penal Code (Entrance Exams)
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2018-2019 (May) Set 1

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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


A handed over ₹5,000 to her neighbour B, who was an employee of a bank, and asked him to deposit the money in her account, instead of doing so, B spent the money. A sues the bank for damages.


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A entered B's house and was taking away her wallet and leaving the house when he encountered B. He dropped the wallet, but shot her while escaping.


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