AILET 2015 Question Paper with answer key for online practice

Question : 93 of 150

Marks: +1, -0

LEGAL PRINCIPLES : 1. Everyone has a right to defend their life and property against criminal harm provided it is not possible to approach public authorities and more harm than is necessary has been caused to avert the danger.
2. Nothing is an offencewhich is done in the exercise of the right of private defence.
FACTUAL SITUATION : The accused found the deceased engaged in sexual intercourse with his 15 year old daughter. The accused assaulted the deceased on the head with a spade which resulted inhis death. Accused claimed private defence and the prosecution claimed that the sexual intercourse was with the consent of the daughter. Here ,
DECISION:

Accused is entitled to the right of private defence since the girl was only 15 years old.
Accused exceeded the right of private defence.
Accused is not entitled to private defence as the intercourse was consensual.
Accused is not entitled to private defence as the right of private defence is available for defending one’s life and property only.

Validate

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