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Niraj Tiwari   30 August 2019

private defence

Mr.A pointed a gun to B,in the same situation C is standing behind the B and C fire with gun to A on his defence.
In what circumstances A and C both taken the advantages of private defence??


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 1 Replies

Ameer Dudekula   09 October 2020

A is the guilty in the above offence.

Here, Mr. A caused apprehension of death to Mr. B by pointing gun to Mr. B.

So, here C (who was standing behind B) has the right to defend B. According to Sec. 96 of Indian Penal Code.

But, when there is apprehension of death of a person. A person himself or any other person has the right of private defence which can extend to death, if the death is otherwise be the consequence of the apprehension.

Hence, Mr. C has the right of private defence which can extend to death of Mr. A to defend Mr. B from the assault of Mr. A.

-. Accordingly, Mr. C can take the advantage of private defence.

Thank You.
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