Question:

Principle: Everyone has the right of private defense 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 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.
This question consists of legal principle(s) (hereinafter referred to as ‘principle‘) and facts. Such proposition may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this section. Principles have to be applied to the given facts to arrive at the most reasonable conclusion. Only one of the alternatives, i.e., (A), (B), (C), or (D) is the most reasonable conclusion. In other words, in answering the following questions, you must not rely on any principle except the principles that are given herein below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your ability in legal aptitude, study of law, research aptitude and problem solving ability even if the ’most reasonable conclusion‘ arrived at may be absurd or unacceptable for any other reason.

Updated On: Aug 4, 2024
  • 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 is liable as they have not informed the police
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The Correct Option is D

Solution and Explanation

The correct option is (D):X and his family is liable as they have not informed the police .
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