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X armed with an axe is at a great distance from Z and threatens to kill Z. Z shoots at X and kills him:
Question

X armed with an axe is at a great distance from Z and threatens to kill Z. Z shoots at X and kills him:

A.

Z cannot plead private defence.

B.

Z can plead private defence.

C.

Since Z has not been attacked, he cannot plead private defence.

D.

Z is justified in killing since he had reasonable apprehension

Correct option is A

The right to private defence under Section 38 of the Bharatiya Nyaya Sanhita (BNS), 2023 (formerly Section 96-106 IPC) can be exercised only when there is an imminent and reasonable threat to life or property. In this scenario, X, though armed with an axe, is at a great distance from Z and only threatens to kill Z without making an immediate attack. Since Z was not in immediate danger and could have sought other protective measures, his action of shooting and killing X cannot be justified as private defence.​

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