Question

Principle: When an act which would otherwise be a certain offence, is not that offence by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence. Facts: 'X', under the influence of madness, attempts to kill 'Y'.

• A. ‘Y’ has the right of private defence against ‘X’
• B. ‘Y’ does not have the right of private defence against ‘X’
• C. ‘Y’ has the right of private defence against ‘X’, only if ‘X’ is not under the influence of madness
• D. ‘X’ has the right of private defence against ‘Y’

Hint:

Private defence allows a person to protect themselves from any unlawful attack, even if the attacker is mentally unsound.

Answer 1

The Correct Option is A

Under the law, even if 'X' is under the influence of madness, 'Y' still has the right to defend himself against 'X’s attempts on his life, as there is no requirement that the act be rational.