A, finding B being attacked by C with a knife, shoots at C thereby intending to save B, the shot misses C and kills B. Has A committed any offence?

Question: A, finding B being attacked by C with a knife, shoots at C thereby intending to save B, the shot misses C and kills B. Has A committed any offence? [UPCJ 1984]

Find the answer to the mains question only on Legal Bites. [A, finding B being attacked by C with a knife, shoots at C thereby intending to save B, the shot misses C and kills B. Has A committed any offence?]

Answer

Section 92 of the IPC states that no action would be an offence if it is done in good faith and for the benefit of the person concerned even though the act was done without the consent of the person concerned, but under such circumstances in which the person was not in a position to give consent. Further, IInd proviso of section 92 provides that in the exercise of a right under this section, death or grievous hurt cannot be caused to a person except for preventing the death or grievous hurt.

In the present case, A shoots at C in good faith in order to prevent B from the attack of C. By such an attack, there was a possibility of B’s death or at least grievous hurt. Thus, it is clear that A has not committed any offence.

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