A lawfully enters a house at night. Z, acting in good faith, mistakes A for a house-breaker and attacks…
The illustration to section 36 of the BNS states that Z, attacking A under the misconception that he is a house-breaker, "commits no offence. But A has the same right of…
Choose your answer
A lawfully enters a house at night. Z, acting in good faith, mistakes A for a house-breaker and attacks A. Under the corresponding illustration to BNS section 36, which proposition is correct?
Answer and explanation
Correct answer C
The illustration to section 36 of the BNS states that Z, attacking A under the misconception that he is a house-breaker, "commits no offence. But A has the same right of private defence against Z, which he would have if Z were not acting under that misconception." A's right is still limited by section 37 to no more harm than necessary.
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