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Right of private defence against deadly assault
when there is risk of harm to innocent person If in the exercise of the
right of private defence against an assault which causes reasonable apprehension
of death, the defender be so situated that he cannot effectuate the right without
causing harm to innocent persons, then his right of private defence extends to
the running of that risk.
For Example: Z, is attacked by a mob who
attempts to murder him. He cannot effectually exercise his right of private defence
without firing on the mob, and he cannot fire without risk of harming young children
who are mingled with the mob. Z commits no offence if by so firing he harms any
of the children.
PUNISHMENT Whoever causes harm to innocent person
in the exercise of the right of private defence shall be punished depending upon
the reasonable apprehension of death to the person concerned, and will depend
upon the discretion of the court.
This web site is designed for general information
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