CLAT Sample Paper CLAT Sample Paper-12

  • question_answer
    A with the intention of committing theft entered the house of B. B, on seeing him entering, struck him with an* iron rod and A fell down unconscious. Thereafter, B gave him another blow of iron rod at his head, which caused his death. On being prosecuted for murder, B took the plea of private defense. Which of the following argument is valid?

    A)  Since, B was acting in the exercise of private defense of his property, he had taken a valid defense

    B)  B has used excessive force as once A fell unconscious; there was no need for the second blow. Hence, B's plea is not valid

    C)  Since, in the defense of one's property one cannot cause death of the intruder, B is liable for murder

    D)  If A committed house break in the night, B has the right to cause death in the defense of his property, hence B's plea is valid and not liable for any offence

    Correct Answer: B

    Solution :

    See Section 99, 103, 104, 105 IPC.


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