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CLAT LLM 2015 Question Paper with answer key for online practice

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Question : 127

Total: 150

Principles:
I. Nothing is an offence which is done in the exercise of the right of private defense.
II. 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.
III. 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.
IV. 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.
V. 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, is good faith, taking A for a housebreaker, attacks A.

A has no right of private defense because it is available against an offender only.
A has the same right of private defense against Z, which he would have had if Z was not acting under a misconception.
A has exceeded his right of private defense.
None of the above.

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