| Q.1- | Which section establishes the general principle of private defence? |
| Ans.- | Section 96 states that nothing is an offence which is done in the exercise of the right of private defence. |
| Q.2- | Does right of private defence serve any social purpose? |
| Ans.- | Yes. It does. The right of private defence is thus designed to serve a social purpose and deserves to be fostered within the prescribed limits. The Supreme Court had observed that right of self defence should not be construed narrowly because it is a very valuable right and has a social purpose. |
| Q.3- | Give the statements of Hari Sigh Gaur and Bentham, showing importance of right of private defence. |
| Ans.- | Hari Singh Gour said, “self-help is the first rule of criminal law. It still remains a rule, though in process of time much attenuated by considerations of necessity, humanity, and social order”. Bentham said, “the right of defence is absolutely necessary”. |
| Q.4- | Whether right of private defence has to be proved beyond doubt? |
| Ans.- | No. The accused need not prove the existence of the right of private defence beyond reasonable doubt. |
| Q.5- | Whether causing of death in defence of body or property is justifiable. |
| Ans.- | Yes. But limited to the situation narrated by section 100 against body and section 103 against property. |
| Q.6- | Whether this right is absolute right? |
| Ans.- | No. This right is not absolute. It is with three restrictions mentioned in section 99 – (i) person working in official capacity, (ii) person is working on direction of official capacity, (iii) when there is time to inform public authority, and (iv) |
| Q.7- | It there any limitation on accessing the right? |
| Ans.- | The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence. |
| Q.8- | When private defence of the body extends to death? |
| Ans.- | Section 100 has listed six circumstances when private defence of the body extends to death. |
| Q.9- | Commencement of right of private defence? |
| Ans.- | The right of private defence commences as soon as a reasonable apprehension arises and it is co-terminus with the duration of such apprehension. |
| Q.10- | A person has open the fire on a person involves in house-breaking in night, which killed that person. Whether this person has committed any offence? |
| Ans.- | No. This person has not committed any offence and his act is protected under section 103. |
| Q.11- | When accused exceeds his right to private defence? |
| Ans.- | While being chased by deceased appellant attacked on deceased caused fire incited wound, held exceeded the right of private defence, conviction under section 304 Part I Proper. |
| Q.12- | A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. Whether ‘A’ has committed any offence? |
| Ans.- | No. A commits no offence of by so firing he harms any of the children. This act is exempted under section 106. |