A attempts to pull Z’s nose. Z lawfully lays hold of A in private defence to prevent it. A becomes…
Exception 1 to BNS section 101 excludes provocation arising from the "lawful exercise of the right of private defence". Illustration (e) therefore leaves A's intentional…
Choose your answer
A attempts to pull Z’s nose. Z lawfully lays hold of A in private defence to prevent it. A becomes suddenly enraged and intentionally kills Z. Assuming no other general or murder exception applies, how does BNS section 101 Exception 1 illustration (e) classify the killing?
Answer and explanation
Correct answer A
Exception 1 to BNS section 101 excludes provocation arising from the "lawful exercise of the right of private defence". Illustration (e) therefore leaves A's intentional killing as murder, because anger at Z's lawful defensive restraint does not bring the killing within that exception.
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