CLAT CLAT Solved Paper-2013

  • question_answer
    Directions This section consists of fifty (50) questions. Each question consists of legal propositions principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given here in 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 towards study of law, research aptitude and problem solving ability even if the 'most reasonable conclusion' arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
    Principle When an act, which would otherwise be an offence, is not that offence by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, every person has the same right of private defence against, that act, which he would have if the act were that offence. Nothing is an offence which is done in the exercise of the right of private defence. Facts A under the influence of madness, attempts to kill B. B in order to save his life causes grievous hurt to A.

    A)  A has committed an offence

    B)  A has not committed an offence

    C)  B has committed an offence

    D)  B has not committed any offence

    Correct Answer: D

    Solution :

    Ans.  According to Section 98 of Indian Penal Code, 1860 and the principle given here, B has not committed any offence, because B has same right of private defence which he would have, if A was sane.  


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