Principle: Nothing is an Offence Which is Done in the Exercise of the Right of Private Defence. Nothing is an Offence Which is Done in Madness. - Legal Reasoning

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Consists of legal proposition(s)/  principle(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles that are given herein below for every question.  
Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of the law.  
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option. 

Principle: Nothing is an offence which is done in the exercise of the right of private defence. Nothing is an offence which is done in madness.

Facts: A, under the influence of madness, attempts to kill B. B to save his life kills A.  

Options

  • 'A' has not committed an offence because he was mad. 

  • 'B' has committed an offence.  

  • 'B' has not committed any offence.

  • 'A' has committed the offence of attempt to murder. 

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Solution 1

B has not committed any offense 

Explanation:

B has not committed an offence as he acted in private defence. Being mad, or anything done in madness is not an offence.

Solution 2

B has not committed any offense 

Explanation:

B' has not committed any offence. ' A' attempted to kill 'B' and to save one's own life 'B' kills 'A'. 'A' has committed no offence. It is a private defence. (Kamparsare vs Putappa)

Concept: Law of Torts (Entrance Exams)
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2018-2019 (May) Set 1

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