'Z' attempts to horsewhip 'A', not in such a manner as to cause grievous hurt to 'A'. 'A' draws out a…

This is the illustration to Exception 2 of IPC section 300. A exceeds the lawful limit of private defence in good faith, without premeditation and believing the fatal force necessary. The killing is culpable homicide not amounting to murder, rather than murder. The exception does not make the killing wholly innocent.

Current law: BNS section 101 retains this private-defence exception. Section 105 introduces a five-year minimum for the intentional branch’s alternative term sentence (five to ten years, or life imprisonment), with fine. Its knowledge-only branch retains a term up to ten years without a five-year minimum, but now requires fine rather than the IPC’s alternative of fine alone. BNS section 358 saves earlier conduct.