[Solved] Give correct response. A sees Z commit what appears to A to be murder. A in the exercise of the best of his judgment, exerted in good faith of the power which the law gives to all persons of apprehending murderers in the act seizes Z, in order to bring Z before the proper authorities, Later it was found that Z was acting in self-defence. Here:

Q.	Give correct response. A sees Z commit what appears to A to be murder. A in the exercise of the best of his judgment, exerted in good faith of the power which the law gives to all persons of apprehending murderers in the act seizes Z, in order to bring Z before the proper authorities, Later it was found that Z was acting in self-defence. Here:
A.	A is liable because he has failed to make reasonable inquiries which must have elicited the true facts whether Z was a murderer or acting in self-defence.
B.	A is liable for wrongfully apprehending Z because Z was acting in self-defence.
C.	A is liable because he was neither bound by law nor justified by law to apprehend Z on a simple belief that Z was a murderer.
D.	A has committed no offence because he is entitled to the defence of mistake of fact under section 79 of the Penal Code.
Answer» D. A has committed no offence because he is entitled to the defence of mistake of fact under section 79 of the Penal Code.

1.3k

Do you find this helpful?

View all MCQs in

Indian Penal Code (IPC 1860)

Discussion

No comments yet

Related MCQs

X sees Z committing what appears to X to be a murder. X in exercise, to the best of his judgement, exerted in good faith, of the powers, which the law gives to all persons of apprehending murderers in the act, seizes Z in order to bring Z before proper authorities. But it turns out that Z was acting in exercise of his right of self defence. X is guilty of
Give correct response. A was charged with the murder of his wife, takes the defence of insanity and in the alternative of being drunk at the time of commission of the crime and being thus incapable of forming the intent required in murder. It is also pleaded in defence that the accused was a psychopath. The evidence further discloses that the accused had indicated an intention to kill his wife before taking alcohol. Here :
Give correct response. In most of the defences, which a person being prosecuted for the commission of a crime, may plead, it is essential that the act alleged must have been done in good faith. Good faith means:
A, the captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that before he can stop his vessel, he must inevitably run down a boat B, with twenty to thirty passengers on board, unless he changes the course of his vessel, and that by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear. Here if A alters his course without any intention to run down the boat C and in good faith for the purpose of avoiding the danger to the passengers in boat B. But in the course of this action A runs down boat C.
Give best response. A entered the house of B at the dead of night with the intention of committing theft. B struck him with a lathi in the dark and A fell down unconscious. B gave him one more blow which fell on A’s head, causing extensive bleeding and A’s death. B is prosecuted for murder and takes the plea that the death was caused in exercise of the right of private defence of property. Here :
Point out incorrect response. In Barendera Kumar Ghose Vs. Emperor, 52 I.A. 40, the appellant was charged under section 302 read with section 34 of the I.P.C. with the murder of a sub-postmaster. Sub-postmaster was counting money in the backroom. Several persons appeared at the door of the office and demanded the post master to give up the money and immediately afterwards fired pistols at him. Postmaster died immediately and the assailants fled in different directions without taking money. On of them was chased and caught with a pistol in his hand. It was not clear as to who fired the fatal shot. While holding the appellant liable for murder the Privy Council laid down the following principles:
X is charge for murder of Y. About a month before the murder Y had attempted to rape the wife of X, X has an altercation with Y immediately before murder X is:
Assertion (A): A person is not guilty of dacoity unless he has committed, attempted to commit or aided in committing robbery. Reason (R): When tow persons conjointly commit robbery, then every person so committing robbery is said to commit dacoity.
Give correct response. A girl of 13 years while going to the market passed through the gate of a mill where B was the only watchman on duty. B in a bid to commit rape caught the girl. She struggled but the accused shut her mouth and pressed the thumb of the other hand on her throat to prevent her from screaming. The girl died. The accused was tried for murder. B pleaded intoxication in his defence. It was held that :
Give correct response. A and his wife W went to have dinner with a friend. He carried his gun with him, and before going to dinner he discharged the gun and kept it in a private place in his friend’s house. A, then went to church after dinner and in the night returned home with his gun. He carried the gun in the room. He in taking it up touched the trigger and the gun went off and killed the wife. It was found that when A was away to church another man had privately taken the gun out to shoot and had returned it loaded to the place where it was put in the friend’s house. In this case :