Legal Principle: Nothing is an offence which is done in the exercise of right of private defence. This right also extends to lawfully causing the death of the assailant, if the offence which occasions the exercise of the right of private defence, be (i) An assault which reasonably causes the apprehension of death or grievous hurt (very serious hurt) (ii) An assault which causes reasonable apprehension of rape (iii) An assault which causes reasonable apprehension of kidnapping This right is available for protecting one's own body, as well as the body of any other, provided the assault is not self-invited. Decide whether the right of private defence is available in the following situation.Factual Situation: A was holding the birthday party of his daughter. Some of his friends decided to present her with a car. To create an element of surprise, they decided to kidnap her for a few minutes while the party was in full swing and then get her back in the new car. They put the plan into action. While they were kidnapping, A got very alarmed and asked the guards to open fire. The guards killed all the five friends. A is: (NLU DELHI 2008)

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Each question consists of legal principle(s) (hereinafter referred to as 'principle') and facts. Such proposition may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this section. You have to apply the principles to the given facts to arrive at the most reasonable conclusion. Only one of the alternatives, i.e., (A), (B), (C), or (D) is the most reasonable conclusion. Remember: you must not rely on any principle except the principles that are given for every question.

Legal Principle: Nothing is an offence which is done in the exercise of right of private defence. This right also extends to lawfully causing the death of the assailant, if the offence which occasions the exercise of the right of private defence, be (i) An assault which reasonably causes the apprehension of death or grievous hurt (very serious hurt) (ii) An assault which causes reasonable apprehension of rape (iii) An assault which causes reasonable apprehension of kidnapping This right is available for protecting one's own body, as well as the body of any other, provided the assault is not self-invited. Decide whether the right of private defence is available in the following situation.<br>Factual Situation: A was holding the birthday party of his daughter. Some of his friends decided to present her with a car. To create an element of surprise, they decided to kidnap her for a few minutes while the party was in full swing and then get her back in the new car. They put the plan into action. While they were kidnapping, A got very alarmed and asked the guards to open fire. The guards killed all the five friends. A is: (NLU DELHI 2008)






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