A disabled man having only one hand was attacked by a strong man by bamboos. The disabled man, a tea garden labourer fought for his life and hit the aggressor by the penknife resulting in his death.
Principle: Consent to do an act is not taken as real consent if the same is given under fear of injury or under a misconception of fact and the person doing the act knows that the consent was given in consequence of such fear or misconception. Factual Situation: P, a male music teacher told R, one of his girl students that there is an operation for improving the voice and that if she agreed; he would perform it on her. She agreed. On the basis of her consent P raped R. Later the matter was reported to the police by R.
A' a self-styled expert in family planning, gave 'B' some chemical. After the consumption of the chemical the child in the womb of 'B' died in the womb. What offence has 'A' committed?
PRINCIPLES: 1. Nothing is an offence which is done in the exercise of the right of private defense.
2. 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 that person or by reason of misconception on the part of that person, every person has the same right of private defense against that act, which he would have if that act were an offence.
3. Everyone has the right to defend their life and property against criminal harm provided it is not possible to approach public authorities and more harm than that is necessary has not been caused to avert the danger.
4. If in the exercise of right of private defense against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defense extends to the running of that risk.
5. The right of private defense continues as long as apprehension of danger continues. FACT: A enters by night a house which he is legally entitled to enter. Z, in good faith, taking A for a housebreaker, attacks A.
Theft after preparation having been made for causing death, or hurt or restraint or fear of death, or of hurt or of restraint, in order to the committing of such theft, or to retiring after committing it, or to retaining property taken by it is dealt under-
Consider the following statements:
1. Truth is not a justification for seditious utterances.
2. Truth which does not have some effect of promoting disaffection towards the government, is a justification.
Which of the statements given above is/are correct?
The provision relating to extension of Indian Penal Code to extra-territorial offences is provided in Section . . . . . . . . of the Indian Penal Code: