Question

Right of private defence of the body extends to voluntarily causing death if the offence, which occasions the exercise of right:

• A. Reasonably causes apprehension that death will be caused
• B. Reasonably causes apprehension that simple injury will be caused
• C. Is of escaping with stolen property immediately after the theft
• D. Is of arresting a person who is running away after having committed an offence of voluntarily causing hurt

Hint:

Section 100 IPC allows causing death in self-defence only when there is a reasonable apprehension of death or grievous hurt.

Answer 1

The Correct Option is A

Step 1: Legal Provision:
Section 100 of the Indian Penal Code provides that the right of private defence of the body extends, under certain circumstances, to the voluntary causing of death of the assailant. This is allowed when there is a reasonable apprehension that death or grievous hurt may otherwise be caused.
Step 2: Explanation of Principle:
The right of private defence is a protective measure, not a means of revenge. It allows a person to defend their body or the body of another from imminent danger. The act of defence must be proportionate to the threat faced. When the danger involves the possibility of death or grievous harm, the defender is legally justified in causing death in self-defence.
Step 3: Analysis of Options:
- (A) Reasonably causes apprehension that death will be caused: Correct. This is directly in line with Section 100 IPC.
- (B) Reasonably causes apprehension that simple injury will be caused: Incorrect, as this does not justify causing death.
- (C) Escaping with stolen property: This may justify use of force, but not the causing of death.
- (D) Arresting a person running away after causing hurt: Incorrect, as the right of private defence is not extended to cause death in this case.
Step 4: Final Conclusion:
The correct answer is (A) Reasonably causes apprehension that death will be caused, as only such serious apprehension justifies causing death under Section 100 IPC.