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?

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.

Sample Mock Tests for Practice

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THE INDIAN EVIDENCE ACT, 1872 (PAPER – 03 Q. NO. 81 TO 120)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 13 Q. NO. 421 TO 455)

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THE INDIAN CONTRACT ACT, 1872 (PAPER – 10 Q. NO. 316 TO 350)

THE MADHYA PRASESH LAND REVENUE CODE, 1959 (PAPER 02 Q. NO. 31 TO 44)

THE CHHATTISGARH RENT CONTROL ACT, 2011 (PAPER 01 Q. NO. 1 TO 8)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 07 Q. NO. 211 TO 245)

THE ARBITRATION AND CONCILIATION ACT, 1996 (PAPER 04 Q. NO. 91 TO 116)

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THE INDIAN CONTRACT ACT, 1872 (PAPER – 16 Q. NO. 526 TO 560)

MADHYA PRADESH LOWER JUDICIAL SERVICES 2019(2)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 01 Q.NO. 1 TO 40)

THE ARBITRATION AND CONCILIATION ACT, 1996 (PAPER 02 Q. NO. 31 TO 60)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 09 Q. NO. 321 TO 360)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 10 Q. NO. 316 TO 350)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 12 Q. NO. 441 TO 480)

THE HINDU SUCCESSION ACT, 1956 (PAPER 01 Q. NO. 1 TO 35)

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THE NEGOTIABLE INSTRUMENTS ACT, 1881 (PAPER 02 Q. NO. 41 TO 80)

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THE SPECIFIC RELIEF ACT, 1963 (PAPER – 03 Q. NO. 71 TO 105)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 08 Q. NO. 281 TO 320)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 18 Q. NO. 681 TO 720)

THE LIMITATION ACT, 1963 (PAPER 02 Q. NO. 41 TO 80)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 13 Q. NO. 481 TO 520)

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THE LIMITATION ACT, 1963 (PAPER 01 Q. NO. 1 TO 40)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 22 Q. NO. 841 TO 870)

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THE HINDU MARRIAGE ACT, 1955 (PAPER -5 Q. NO. 101 TO 134)

THE LIMITATION ACT, 1963 (PAPER 03 Q. NO. 81 TO 120)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 18 Q. NO. 596 TO 636)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 02 Q. NO. 36 TO 70)