Right of Private Defence – Case Illustrations
- X seizes Z, believing in good faith and on reasonable exercise of judgment that Z is committing murder, in order to bring Z before the authorities; it later turns out Z was acting in self-defence. X commits no offence.
- Z, while mad, attacks A; A strikes back and seriously injures Z. A has the right of private defence even though Z is mad (right of private defence is available against persons of unsound mind).
- Pulling down another's house during a fire, in good faith to save life/property from a greater danger — no offence (necessity).
- Right of private defence of property extends to voluntary causing of death against robbery, house-breaking by night, and theft.
- Police firing at a house occupied partly by militants and partly by an innocent bystander, in genuine self-defence during an attack, accidentally killing the innocent occupant — police commit no offence.