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Given below are two statements, one is labeled as Assertion (A) and the other is labeled as Reason (R): Assertion (A): Nothing is an offence which i
Question

Given below are two statements, one is labeled as Assertion (A) and the other is labeled as Reason (R):
Assertion (A): Nothing is an offence which is done in the exercise of the right of private defence.
Reason (R): Z is carried off by a tiger. A fires at the tiger knowing that the shot may kill Z. His shot gives Z a mortal wound. A has not committed any offence.
In light of the above statements, choose the correct answer from the options given below:

A.

Both A and R are true and R is the correct explanation of A

B.

Both A and R are true but R is NOT the correct explanation of A

C.

A is true but R is false

D.

A is false but R is true

Correct option is A

​The correct answer remains Option ABoth A and R are true and R is the correct explanation of A.

Explanation:

  • Assertion (A): This statement is based on Section 34 of the BNS (formerly Section 96 of the IPC). It establishes the fundamental principle that an act done in the exercise of the right of private defence is not an offence. The law recognizes that every individual has the right to defend their own body and property, as well as the body and property of others, against any offence.

  • Reason (R): This illustration is covered under Section 30 of the BNS (formerly Section 92 of the IPC), which deals with acts done in good faith for the benefit of a person without their consent. In the scenario where Z is being carried off by a tiger, A's act of firing—despite knowing it might harm Z—is done with the sole intention of saving Z's life. Since the situation is an extreme emergency where Z's consent cannot be obtained, and the harm is caused in good faith to prevent certain death, A has committed no offence.

  • Relationship: The Reason (R) serves as a practical application of the broader "General Exceptions" to criminal liability. It justifies why an act that would normally be a crime is excused when the intent is protective or defensive, thereby providing a valid legal explanation for Assertion (A).

Information Booster:

  • BNS Section 34 (Private Defence): "Nothing is an offence which is done in the exercise of the right of private defence." This is the cornerstone of self-protection laws in India.

  • BNS Section 38 (Body and Property): This section clarifies that every person has a right to defend his own body and the body of any other person; and the property (movable or immovable) of himself or any other person against theft, robbery, mischief, or criminal trespass.

  • Proportionality: The right of private defence is subject to the restriction that no more harm should be inflicted than is necessary for the purpose of defence.

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