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X insults Y by calling him names in the presence of others, whereupon Y strikes X with a knife. X takes out a revolver from his pocket and shoots Y de
Question

X insults Y by calling him names in the presence of others, whereupon Y strikes X with a knife. X takes out a revolver from his pocket and shoots Y dead.

A.

X is guilty of culpable homicide not amounting to murder.

B.

X is not guilty as he acted in self-defence.

C.

X is guilty of murder.

D.

X had reasonable apprehension

Correct option is C

The correct answer is C. Under the Bharatiya Nyaya Sanhita (BNS), 2023, the right to self-defense is recognized, allowing individuals to protect themselves from unlawful aggression. However, this right is subject to the principles of proportionality and necessity. The force used in self-defense must not be excessive and should correspond to the level of threat faced.

In this scenario:

  • X insults Y verbally, which does not constitute a physical threat.
  • Y's response of striking X with a knife introduces a physical threat to X.
  • X's reaction of shooting Y with a revolver is a lethal response to the knife attack and it is not proportionate to the threat involved. Hence it does not come under self-defense and will comes under the offence of murder as per Section 101 of BNS

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