A pins his wife B to the ground, sits on her chest and threatens an imminent knife attack reasonably…
On the stated facts, "B acts within the right of private defence on the stated facts". Sections 35, 37, 38 and 40 permit necessary bodily defence against a reasonable…
Choose your answer
A pins his wife B to the ground, sits on her chest and threatens an imminent knife attack reasonably causing fear of death or grievous hurt. B snatches the knife and uses no more force than necessary while that danger continues, killing A. There is no time to seek public protection. What follows under the BNS?
Answer and explanation
Correct answer B
On the stated facts, "B acts within the right of private defence on the stated facts". Sections 35, 37, 38 and 40 permit necessary bodily defence against a reasonable apprehension of death or grievous hurt while the danger continues, section 34 excludes an act done within that right from being an offence, and mere arrival of relatives supplies no automatic joint criminal liability.
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