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प्रश्न
Principle: Everyone has the right of private defense to defend his body and property by use of reasonable force unless that person had time to have recourse to the protection of public authorities.
Facts: X receives information at 5.00 pm that Y along with few friends are planning to burn his crop at midnight which is ready to be harvested. He does not inform the village Police Station which was just one kilometer away. He gathers his family members and directs them to collect some weapons in the form of swords and lathis to protect his field/crop. At around 11.00 pm Y and his aides attack the crop and a severe fight ensues wherein Y is seriously injured.
विकल्प
X is not liable as he was exercising his right of private defence
X and his family are not liable for the injuries caused as they were exercising the right of private defence
X is liable
X and his family is liable as they have not informed the police
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उत्तर
X and his family is liable as they have not informed the police
Explanation:
X and his family are liable as they have not informed the police. According to the principle, the right to private defence ceases if the person using this right has the time to take help of the authorities. In this case, the police station is only 1 km away and there is a clear 6 to 7 hours to seek the help of the police.
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