| 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 Nothing is an offence, which is done in the exercise of the right of private defence. Every person has a right to defend his property against any act of theft, robbery, mischief or criminal trespass. This right of private defence of property extends to causing of death of the wrong-doer, if the person exercising the right apprehends that death or grievous hurt shall be the consequence if such right of private defence is not exercised. |
| Facts 'A"s cattle was being regularly stolen and 'A' was unable to apprehend the thief. One night, 'A' finally manages to catch 'B' untying his cow from the cowshed under the cover of darkness. 'A' slowly crept up to 'B' and slashed his neck with a sickle leading to the death of 'B' Is 'A' guilty of the offence of culpable homicide? |
A) No, 'A' was only exercising his right of private defence of property
B) No, 'B' continued stealing of his cattle would have rendered his business inoperable
C) Yes, 'A' had no reasonable apprehension that 'A' could suffer any grievous hurt if he did not kill 'B'
D) Yes, 'A' should have first challenged 'B' to surrender before taking any steps to cause 'B's death
Correct Answer: C
Solution :
According to the Section 103 fourthly of the Indian Penal Code, 1860 and the principle given here, 'A' is guilty of the offence of culpable homicide, because he had no reasonable apprehension that he A could suffer any grievous hurt if he did not kill B.
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