Author name: Admin

126. In which of the following case the right of P.D. is executed:

A. A thief was held with his face down to ground to prevent his entrance by owner causing death of thief by suffocation.
B. A person attacked by spear struck a below with a club causing death.
C. In both case.
D. In None of the above case.
✅ The correct answer is option D.

116. Some person, lawful tenant of Agriculture land having reasonable fear of being ejected by force, made a practice of keeping their clubs in readiness. They expected attack and one of them was killed in the fray.

A. Attackers are entitled to the right of P.D.
B. Tenants are entitled to the benefit of right of Private defence.
C. Both tenants and attacks can avail the right of private defence.
D. Tenants are not entitled to the benefit as they were prepared to anticipated any attacks.
✅ The correct answer is option B.

111. Give best response. A entered the house of B at the dead of night with the intention of committing theft. B struck him with a lathi in the dark and A fell down unconscious. B gave him one more blow which fell on A’s head, causing extensive bleeding and A’s death. B is prosecuted for murder and takes the plea that the death was caused in exercise of the right of private defence of property. Here :

A. B acted in the exercise of his right of private defence and is, therefore, not liable.
B. B’s right of private defence of property in case of apprehension of theft did not extend to the causing of death but any harm other than death. Therefore, B is not entitled to claim successfully the right of private defence but at the same time he would be entitled to avail the exception (2) to section 300 and would only be liable for committing culpable domicile.
C. Under section 104 of the Penal Code B could cause any harm other than death in defence of his property. Since B has caused death, he would be liable for murder.
D. Since A entered B’s house at dead of night with a view to commit theft, B was entitled to claim the benefit of section 103 of the Penal Code and will not be liable for murder.
✅ The correct answer is option B.

93. Give most accurate response. A enters by night a house which he is legally entitled to enter. Z in good faith, taking A for a housebreaker, attacks A and causes injury. In this case :

A. Since A was legally entitled to enter the house, Z would be liable for voluntarily causing hurt to A.
B. Z will be liable because he has acted in haste without exercising proper care and attention to ascertain whether A was an inhabitant or a house-breaker.
C. Z will not be liable because he has acted under a mistaken belief that A was a burglar.
D. Z will not be liable because he has acted in the exercise of his right of private defence of property under a misconception that A was a house-breaker.
✅ The correct answer is option D.