Question: X sees Z commit what appears to X to be murder. X in the exercise to the best of his judgement, 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. But it turns out that… Read More »

Question: X sees Z commit what appears to X to be murder. X in the exercise to the best of his judgement, 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. But it turns out that Z was acting in the exercise of his right of self-defense. Is X guilty of any offence? Give reasons. Find the answer to the mains question only on Legal Bites. [X sees Z commit what appears to X to...

Question: X sees Z commit what appears to X to be murder. X in the exercise to the best of his judgement, 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. But it turns out that Z was acting in the exercise of his right of self-defense. Is X guilty of any offence? Give reasons.

Find the answer to the mains question only on Legal Bites. [X sees Z commit what appears to X to be murder. X in the exercise to the best of his judgement, 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. But it turns out that Z was acting in the exercise of his right of self-defence. Is X guilty of any offence? Give reasons.

Answer

Section 79 of the code states that nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be justified by the law in doing it.

The provision contemplates those cases where a person under a mistake of facts considers himself justified by law to act in a particular way although here his act is an offence. Section 76 in those cases provides the defence to such a person who has acted in good faith, believing he was justified by the law in doing an act but which it is not. This in essence proves to be a legal justification for the commission of the act by the person.

Therefore, based on the above provision it is clear that X was acting only under a mistake of fact, believing himself in good faith to be justified by law to seize Z who was only acting in self-defence. So, X has committed no offence.


Important Mains/Long Questions for Judiciary, APO & University Exams

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Updated On 2021-07-04T09:26:48+05:30
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