New SIDBI Grade A New Batch Starts on Nov 18

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    Question

    Z, under the influence of madness, attempts to kill A; Z is guilty of no offence. Which of the following is true?

    A A has no right to private defence Correct Answer Incorrect Answer
    B A has a right to private defence but limited in nature Correct Answer Incorrect Answer
    C Z is guilty of no offence therefore A has no right to private defence Correct Answer Incorrect Answer
    D Z is guilty of no offence and A has right to private defence as if Z was sane. Correct Answer Incorrect Answer

    Solution

    As per S. 98. Right of private defence against the act of a person of unsound mind, etc .—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.    

    Illustrations Z, under the influence of madness, attempts to kill A; Z is guilty of no offence. But A has the same right of private defence which he would have if Z were sane .  

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