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Question
Answer the question which follows from the application of the under mentioned legal principle.
X' s farm house in outskirts of Delhi was attacked by a gang of armed robbers. X without informing the police, at first warned the robbers by firing in the air. As they were fleeing from the farm, he fired and killed one of them. At the trial–
I. X can avail the right of private defence as he was defending his life and property
II. X cannot avail the right as he failed to inform the police
III. X cannot avail the right as he caused more harm than was necessary to ward off the danger
IV. X can avail of the right as at first he only fires in the air.
Options
I and IV
II only
II and III
IV only
Solution
II and III
Explanation:
Here right of 'private defense' cannot be claimed as the robbers were fleeing and there was no imminent danger to the property. However, as none of the options cover this scenario singularly.
