Facts: Ram’S Father and Rizvi Were Enemies. One Day at the Market Rizvi Attacked Ram'S Father with a Lathi. Ram’S Father Suffered a Simple Injury on His Head. - Legal Reasoning

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MCQ

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Facts: Ram’s father and Rizvi were enemies. One day at the market Rizvi attacked Ram's father with a lathi. Ram’s father suffered a simple injury on his head. On seeing this Ram got hold of a gun and shot Rizvi in the head, in order to protect his father. The police arrested Ram and charged him with culpable homicide.
Principle:

  1. The law recognizes an individual’s right to defend himself and his family and his property against any unlawful acts.
  2. The person defending himself should not do more harm than is necessary, that is to say, that the force used to defend should be proportionate to the force used by the aggressor.

Options

  • Ram is guilty since he should approached the authorities.

  • Ram is guilty since he was not defending himself

  • Ram is guilty as he used excessive force

  • Ram is not guilty since he was protecting his father

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Solution

Ram is guilty as he used excessive force

The accused is held liable because, under the criminal law, a person has the right to defend his person and property but he is not allowed to use excessive force as compared to the force used on him. In the above mentioned factual situation, he has clearly used excessive force during his exercise of private defence. The force used during the defense must be in proportion to the attack.

Concept: Indian Penal Code (Entrance Exams)
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