Question:
Principle: Everyone has the right of private defence to defend his body and property by use of reasonable force unless that person had time to have recourse to protection of public authorities.
Facts: X receives information at 5:00 pm that Y along with a few friends is planning to burn his crop at midnight which is ready to be harvested. He does not inform the village Police Station which was just one kilometer away. He gathers his family members and directs them to collect some weapons in the form of swords and lathis to protect his field/crop. At around 11:00 pm Y and his aides attack the crop and a severe fight ensues wherein Y is seriously injured.
Principle: Everyone has the right of private defence to defend his body and property by use of reasonable force unless that person had time to have recourse to protection of public authorities.
Facts: X receives information at 5:00 pm that Y along with a few friends is planning to burn his crop at midnight which is ready to be harvested. He does not inform the village Police Station which was just one kilometer away. He gathers his family members and directs them to collect some weapons in the form of swords and lathis to protect his field/crop. At around 11:00 pm Y and his aides attack the crop and a severe fight ensues wherein Y is seriously injured.
Facts: X receives information at 5:00 pm that Y along with a few friends is planning to burn his crop at midnight which is ready to be harvested. He does not inform the village Police Station which was just one kilometer away. He gathers his family members and directs them to collect some weapons in the form of swords and lathis to protect his field/crop. At around 11:00 pm Y and his aides attack the crop and a severe fight ensues wherein Y is seriously injured.
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Always consider whether public authorities could have been informed before resorting to private defence.
Updated On: Aug 14, 2025
- X is not liable as he was exercising his right of private defence.
- X and his family are not liable for the injuries caused as they were exercising the right of private defence.
- X is liable.
- X and his family are liable as they have not informed the police.
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The Correct Option is D
Solution and Explanation
In this case, X is exercising the right of private defence as he is protecting his property and family from Y’s attack. However, the principle of private defence also mandates that if a person has time to approach public authorities (such as the police), they should do so before taking action. In this case, X did not inform the police, even though the police station was only one kilometer away. This failure to inform the authorities implies that the response was not entirely justified under the principle of private defence, and X and his family will be held liable.
Thus, the correct answer is (D).
Option (A) is incorrect because private defence should ideally be used after failing to get recourse from authorities. Option (B) is incorrect for the same reason. Option (C) is incorrect because X’s action was not entirely in line with the lawful use of private defence.
Thus, the correct answer is (D).
Option (A) is incorrect because private defence should ideally be used after failing to get recourse from authorities. Option (B) is incorrect for the same reason. Option (C) is incorrect because X’s action was not entirely in line with the lawful use of private defence.
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