CLAT Sample Paper CLAT Sample Paper-4

  • question_answer
    Direction: Given below are the statements of facts of the case. After statement of facts, legal principles are given apply the principles to the facts of the case and select the most appropriate answer from among the four alternatives.
    Principle For the purpose of exercising right of private defence physical or mental capacity of attacker is no bar.
    Facts Ashok in his madness attempts to kill Rahul. Rahul in order to save himself hits Ashok with iron rod

    A)  Both Ashok and Rahul are guilty of no offence

    B)  Rahul has right of private defence though Ashok is mad

    C)  Rahul has no right of private defence since Ashok is mad

    D)  Rahul is guilty of inflicting grievous injury on Ashok

    Correct Answer: B

    Solution :

    According to the Section 98 of the Indian Penal Code, 1860 and according to the principle given here, Rahul has same right of private defence, which he would have if Ashok were same.


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