All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

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86.

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

A: Reasonable causes apprehension that death will be caused
B: Reasonable 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

The answer is: A

Explanation

The correct option is A: Reasonable causes apprehension that death will be caused.

According to Section 100 of the Indian Penal Code (IPC), the right of private defence of the body extends to voluntarily causing death or any other harm to the assailant if the offence which occasions the exercise of the right is of any of the following descriptions:

- An assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault.
- An assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault.
- An assault with the intention of committing rape.
- An assault with the intention of gratifying unnatural lust.
- An assault with the intention of kidnapping or abducting.
- An assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release.

Therefore, option A is correct, as it matches the first description given in Section 100. Option B is incorrect, as simple injury does not justify causing death in self-defence. Option C is incorrect, as escaping with stolen property is not an assault on the body. Option D is incorrect, as voluntarily causing hurt does not warrant causing death in self-defence.