Question

Z, under the influence of madness, attempts to kill X. Is Z guilty of an offence? Has X the same right of private defence which he would have if Z were sane?

Z, under the influence of madness, attempts to kill X. Is Z guilty of an offence? Has X the same right of private defence which he would have if Z were sane?

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Option A: Z has not committed any offence as per Section 98 of IPC and same right of private defence to X if Z is mad
Option B: As per Section 98 of IPC, X has committed an offence and no right of private defence to X
Option C: Z has committed an offence for not using his mind
Option D: None above

Correct Answer

Option: a

Explanation

The above question is based on Illustration (a) of Section 98, IPC stated below. Section 98 deals with right of private defence against the act of a person of unsound mind, etc. Illustration (a). Z, under the influence of madness, attempts to kill A; Z is guilty of no offence. But A has the same right of private defence which he would have if Z were sane.

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