private defence:

N.K.Assumi (Querist) 11 September 2008 This query is : Resolved
Can there be a plea of private defense in the instant case? A and B were the only survivors of a ship hanging on a wooden plank.Suddenly they realized that the wooden plank could hold only one person.A gave a hard blow on B and as a result B was drowned in the ocean and A survive. A was charge of murder of B. Can A plea a case of private defense?

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Rajesh Kumar (Expert) 11 September 2008
no.

Adv.Shine Thomas (Expert) 11 September 2008
Sec.96 of IPC-Nothing is an offence which is done in the exercise of the right of private defence.In this case the right of private defence does not arise.

N.K.Assumi (Querist) 12 September 2008
Tanx both of you.

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